Start off by clicking this link https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/ that will take you to the beginning of the sub- forum where you will have all the topics which have been posted – listed. The first 10 or dozen or so titles referred to threads which are "pinned" and that means that they are fixed and they tend to be information threads and are not threads which have been posted by people asking for help. If you cast your eye down the various titles you will start to understand what the subject content of each thread is. Eventually you will get to a shaded bar which is labelled "other topics". That shows you the beginning of the various request for help that have been made by people including yourself. You will probably find your own thread at the top of those or near the top. The order changes according to the most recent which has been posted. Start using the forum more and you will get to understand the pattern. If you don't visit very much then it will always be a stranger to you

It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything

No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet

Was this purchase on hire purchase? Have you sent them a letter or email asserting your right to reject the vehicle? Do you want to keep it? Or would you rather get rid of it

We will have to see whether they ask you if you are prepared to compromise and also if you are prepared to keep the result secret. If they ask these questions then we will certainly advise people to say – No – and – No. There should be absolutely no compromise at all with any of the parcel delivery companies and there should be no reason for secrecy

Yes, but not yet. It only applies to cases which have been filed about the 20th or so of May.

I'd like to know why you have to do mediation please

CORPORATE DEBT RECOVERY LIMITED overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK CORPORATE DEBT RECOVERY LIMITED - Free company information from Companies House including registered office address, filing history... CORPORATE DEBT RECOVERY LIMITED people - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK CORPORATE DEBT RECOVERY LIMITED - Free company information from Companies House including registered office address, filing history...

Corporate debt recovery have come onto this Consumer Action Group forum in order to spam their business and their services. They have not been invited onto the forum by the Consumer Action Group They simply thought that they would visit this forum in an attempt to try and drum up some business and get a bit of free publicity. You should think twice about doing business with any kind of company which feels that it has to operate in this way This is what happens to companies which try to spam this forum

Thanks, please monitor for a reply tomorrow

I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.

Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.

Thanks for this update. Well done it's a good result. Typical of this company EVRi – they dangle you around for over a year and then tried a quibble to try and save a few quid – but actually it's not about saving money it's about saving face. I don't see why they bother to save face because they have no shame. They were prepared to smash up your mother's birthday and then refused to pay you out a paltry 75 quid or so – even though they know full well that you have third-party rights and they know full well that the little insurance scam is contrary to section 57 and section 72 of the Consumer Rights Act. I wonder what they would do if it was their own mothers? Well done for standing your ground. Well done for resisting mediation which would simply have added an extra stage to the process and of course they would then have threatened you to keep quiet if you revealed what had happened. You can see they are desperate to avoid further judgements against them. They know that what they are doing is unlawful but it is making them huge profits and they don't want to rock the boat! Hopefully you have learned enough that if this kind of thing happens again with EVRi or any other company, you will feel confident about taking it forward although of course we will be here to help you and support you as you need. Thank you for the donation. I am sending you an email about this.

Claiming For A Breach Of Contract Where You Are Not A Direct Contracting Partner The contract is private to the contracting parties – “Privity” The general rule is that only the direct parties to a contract are allowed to claim if there is a breach. This is a very old rule and it is called “privity of contract” which means that a contract is private to the contracting partners. “Privity”can cause injustice This has caused some difficulties and even some injustice where a third party expecting to benefit from the contract might be expecting to receive something, if one of the parties to the main contract doesn’t fulfil their side of the bargain, you, the third party beneficiary can’t do anything about it - and the contracting party who did keep their promise is the only person who can sue and maybe they simply don’t want to. This could be even more unjust if you are the third party who funded the entire arrangement between the parcel broker and the delivery agent. The parcel was lost. Both the parcel broker and the delivery agent are not out of pocket – only you are out of pocket– but under the “Privity of Contract” rule you are not allowed to make a claim against the delivery company which lost or damaged your parcel. The Law Commission Report on Privity Of Contract And Third Party Rights In 1996 there was a report from the Law commission which recommended that in some circumstances third parties should be able to sue under contract even though they were part of the contract. In particular, the Law commission highlighted this injustice: [The Person Who Has Suffered the Loss Cannot Sue, While the Person Who Has Suffered No Loss Can Sue]: In a standard situation, the third-party [privity] rule produces the perverse, and unjust, result that the person who has suffered the loss … cannot sue, while the person who has suffered no loss can sue. As a result, Parliament passed a law called the Contracts (Rights of Third Parties) Act 1999 This gives a third party in some circumstances the right to sue for a breach of contract even though they were not a direct contracting party. As a third party, are replacing one of the main parties When the third party uses this third party right, then they have to sue as if they were one of the direct parties to the contract and this means that they are bound by the same terms and conditions of that contract. This means that if it was a consumer contract then they can sue as the consumer with consumer rights. If it was a commercial contract, for instance between a broker and a delivery company, then you have to rely on your commercial rights. Most parcel delivery brokers are in the UK so you can sue the broker directly and this is always the best thing to do. However, there are one or two which are not in the UK. They are outside the jurisdiction of the UK courts and so if you arrange your parcel delivery through a one of those brokers and if your parcel is lost or damaged and if they refuse to reimburse you, suing the broker can be a difficult business and probably impossible. The only thing you can do is to sue the delivery company which lost the parcel but as you didn’t contract directly with them, you will have to rely on your “third party rights”. What the delivery company will say If the delivery company tries to defend the claim, they will probably say that although they did lose the parcel, you don’t have a right to sue them. They will say that you must sue the parcel broker because you made your contract directly with them – but of course we know that that is impossible because your parcel broker isn’t in the UK. You will have to state in your claim form and also explain to the judge that you are entitled under the 1999 Act because it was clear to the broker and to the delivery company that the delivery contract was made specifically for your benefit as the sender of the parcel and also for the benefit of the addressee – who is also a third party – and that it was even you who paid for the delivery anyway. What rights will you use? In a contract where you organised with Packlink, for example, to send a parcel using Evri, Packlink are based in Spain, you would have to sue Evri using the same commercial rights as enjoyed by Packlink. So in a commercial contract instead of relying on the Consumer Rights Act 2015, you would rely on the Supply of Goods and Services Act 1982 which also requires that a company selling a service must exercise reasonable care and skill and if they don’t then they are in breach. Also, in a commercial contract you would rely on the unfair terms provisions in the Unfair Contract Terms Act 1977 and which includes as an unfair term any attempt to restrict or limit liability without any good reason. If you are using your third party rights to sue on a consumer contract then you would be able to rely on the Consumer Rights Act 2015. Making a small claim as a third party is pretty straightforward The the process for bring a small claim as an entitled third-party is the same as any other small claim and pretty straightforward. The arguments are slightly different – but that’s all Some examples of people who might be excluded by the “Privity” rule but are saved by their third party rights · Your friend takes you on holiday. They organise it and pay for it. Your friend’s holiday is great but your room is damp and rat infested. Your friend doesn’t want to claim against the holiday company. You took time off work for this holiday which you won’t get back but you didn’t have a contract with the holiday company. You would sue the holiday company as third party consumer and rely on your consumer rights. · Your friend uses a parcel broker based abroad to send you a mobile phone with £500. And the parcel arrives, it contains shoes. Your friend has moved to Australia permanently. You don’t have a contract with the parcel broker so you would sue them as a third party to a consumer contract and rely on your consumer rights · You get taken out for an expensive meal. Your host the table and pays for the meal but you get food poisoning. Your host had a great time and hasn’t actually lost anything. They have no loss to claim but you don’t have a contract with the restaurant.You would sue as a third party to a consumer contract and rely on your consumer rights. · You sell a mobile telephone on eBay and send it to your purchaser using an overseas parcel broker to organise the delivery through a UK delivery company. When the parcel arrives the purchaser finds that it contains some books. You sue the parcel delivery company as a third party to a commercial contract and rely on your commercial rights

new subheading under paragraph 25 – The defendant is fully aware of third party beneficiaries new paragraph 26 Any denial by the defendant that they are unaware of the existence of third party beneficiaries to their contract with Packlink would be quite untrue. The defendant routinely sends out notifications to parcel recipients informing them the parcel which they are carrying on behalf of the broker is about to be delivered. Please find examples at – bundle X X X, X X X 26. 1) In the absence of any explanation the defendant’s denial should be disregarded. but in any event, If you have a look at the pinned thread at the top of this sub- forum relating to third-party rights, you will find several examples of notifications which have been sent by EVRi to the recipients of parcels warning them that their parcel which is being carried on behalf of QVC, Packlink – et cetera is due to be delivered. I suggest that you use a couple of these as examples of how EVRi is completely aware that there are third-party beneficiaries involved. If EVRi tried to say – "yes, we knew that there was a recipient that we had no idea that there was a sender…" Well, could they really be that stupid? I suggest you incorporate that, make the tweaks which have been suggested by @jk2054 and that's it. That would probably be the final version. You've worked hard on it – but hopefully the constant repetition will mean that you are absolutely fluent if it actually goes to court. EVRi are watching this of course and I don't really expect they are looking forward to having a judgement on this against them so I can imagine that they might reach out to you before the trial and make an offer. Have you paid the hearing fee yet? I don't think you have. I can imagine that they are waiting to see if you pay the hearing fee so they know that you are serious. Of course is not guaranteed but I would expect that they will try to prevent this going to trial. You should hold out for every penny. And if they want to make an offer to you under conditions of confidentiality then you should refuse. Confidentiality is not part of the claim. That something extra. If they try to impose a condition of confidentiality then you should tell them that this would cost them extra. I would say thousand pounds is probably cheap for the trouble that a judgement against them will cause them. Keep us updated of any approaches by EVRi – either on the forum – or by email if you prefer to admin email address. Let's see your final version