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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcelforce Damage Claims


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Hi, I am just hoping that someone might be able to to give me some advice here.

 

A parcel I sent with Parcelforce was damaged in transit - having spent a few months going back and forth with the claims department I finally had an inspector visit and had a reply from Parcelforce saying that while they acknowledge that the parcel was damaged, there is no visible harm to the packaging so they have rejected my claim. I am obviously going to appeal this, but I'm looking for advice on what exactly to say in my letter.

 

I used the manufacturer's standard shipping box, which is very robust - you can easily drop a decent cardboard box from 2 or 3 metres or more (plenty of shock to destroy even the most well-packed contents) without leaving a mark if the large, flat face lands on a flat surface. I plan on saying this to Parcelforce, but really I don't know what else I need to point out to them. Any help would be very much appreciated.

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If the contents are damaged but there is no visible signs of damage to the exterior packaging then it almost always means that the interior packaging was insufficient.

 

What was the item, and how was it packaged?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It was an Apple computer, and was packed in all of the original shipping packaging (there are several moulded polystyrene inserts to hold and protect the computer inside the box). Basically it was packed exactly how Apple would've done when sending it out.

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Well firstly, if you've re-used the packing materials then it is obviously weaker than when it was new due to the stresses and strains already applied. Secondly, just because Apple pack it in that way does not necessarily mean it is sufficient to protect it.

 

In what way is the computer damaged?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi MB,

 

Is there any background to this - have you sold the computer, sent it off to the buyer and it's arrived not working. Or some other scenario.

 

Who has diagnosed the damage to the motherboard. Was no opinion given as to how such damage occured. Have you an estimate for repairing the damaged.

 

Who now has the computer.

 

Slick

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I sent the computer and it arrived not working, I refunded the buyer's money and had it returned to me. I know that anything will take bumps in transit, but I believe some of the BGA chips have come loose, implying a jolt of significant force. Like I said in my first post, if you drop a cardboard box on its flat side it can withstand an awful lot of shock without deforming.

 

Because of the cost of replacement hardware for Apple machines, replacement would cost about the same as the total value of the machine.

 

Parcelforce have not said anything about the packaging being inadequate - all they said is that there is not any evidence that the computer was damaged while in their care.

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Hi MB,

 

From all I've read here, I think you have to decide whether to press PF for compensation, possibly by a court claim, or not.

 

In your favour, PF have agreed package was damage. I don't see how they can acknowledge this, yet deny liability BECAUSE of no visible sign of damage to packaging mats.

 

Against you, I guess you have no expert report suggesting poss cause of damage to computer, nor do you have proof that puter was working when sent.

 

Poss evidence in your favour would be if you sell and send puters on a regular basis using PF, with this being the ONLY problem encountered.

 

As with banks (reclaiming chgs from them), you have to show you're determined (willing to take court action) or they won't take you seriously and will deny liability.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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