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Why would you do a Freedom Of Information Request? Thats for public and government bodies only... Either way, this is what happens in debt collection. Accounts sold as a figure on a spreadsheet loaded into a system that contact people to pay until they give in . They never send the original agreements. And yes, please do name names.. -
I bought a rare collectible item from a friend in USA. I paid him via Paypal and had him send it to my forwarding address in USA. This is a business called Stackry which is essentially storage lockers that consolidate packages for you and you choose how and where to ship them, thus cutting on international shipping costs. I have done this many times before and never had an issue. On this occasion, I chose the option of Global Mail Direct. The package was picked up and handed to DHL e-commerce and I was able to track it all the way to the UK. From then on, it was handed over to Evri and a new tracking number was generated. Long story short, they lost it. The driver marked it "out for delivery" then 2 hours later "returning to sender". I was at home and no attempt for delivery was made. What followed was several weeks of back and forth with Evri through chatbots, emails and phone calls trying to locate the package and have it delivered to me. They said I should contact the sender. I explained that in this scenario I am the sender and the recipient. I did not get anywhere. I emailed the CEO and joined a Facebook group. I kept screenshots of everything. At no point did they make a genuine attempt to intercept the package or locate it or at least assure me that it's on its way back to its origin in the US. For several weeks now, the tracking is simply stuck at "on its way back to sender". They owe me £200 and I intend to get it. I do not care how long it takes or how much it costs me. I am prepared to fight this to the end. I wrote them a letter before action and sent it by tracked post to their HQ giving them 14 days to make things right before I take the matter to court. It has been a week now and I have had no response. I have no experience with legal matters and I am hoping someone can guide me into what I should do next. Thank you. -
Thanks Dx, Tbh, I’d forgotten that this account was the subject of a charges claim - nearly 10 years ago now! I don’t know for sure that a default notice was issued by Barclays when the account was in arrears but I would guess there may have been one somewhere in 2010. A suspended repossession order was awarded around May 2010 so I’d assume that a default notice would have been a pre-requisite. Based on the info in the thread those arrears were cleared around 2014-2015 but I don’t have any more info to hand atm since it’s such a long time ago. I believe the files I prepped for court in 2015 have since been shredded. How would the presence or absence of an old default notice help with this current issue? Thanks for the merge/support. J -
This is the full SAR documents that I received. It includes the proof that they deliberately chose not to give me a physical PCN at the time of parking. W3 SAR documents .pdf -
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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