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    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
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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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Another classic from FoS


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1st paragraph is priceless from the bold Merrick

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/64/64.htm

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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And I have just sent to them:

 

Good Morning Sir/Madam

 

I have a question regarding a post on your website:

 

issue 64 - September/October 2007

 

and the first paragraph, which is in regards to the following 1st paragraph Quote:

 

"I have often remarked on how well the ombudsman model has stood the test of time – largely unchanged since 1981 when the Insurance Ombudsman was first established as a voluntary scheme.

 

a] "how well" - This is according to who? What independent survey was taken to back up this claim? When did this take place? Done by Who? Where is the data to support this claim? I have never seen a indendent survey asking the straight question were you happy about the way that the FoS questioned the Banks about their behaviour?

 

b] "largely unchanged" - society/business models and especially laws have changed in that time but the rules which govern how the FoS have not - is that not something that should be worrying the considering the fact that the services offered by the banks which the FoS is supposed to reguilate have has also changed?

 

c] The fact that the service is funded by the same people that it is investigating opens up all sorts of questions about impartiality I don't need to go into especially considering the current waiver the FoS have given the banks in the OFT peanalty charge case, which no doubt would raise another set of questions concerning FoS role as the Ombudsmun considering a large number of people are no doubt suffering as a direct resiult of the Actions of the Banks.

 

I look forward to your reply

 

Yours scincerly

 

It will be interesting to see what they reply with

 

Gazza01

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Nice one Gazzo - lets see if they reply

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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smutley

 

I think it'll go something like this mate...

 

Due to the overarching business concerns we are now experiencing from the unforunate events vis a vis Northern Rock, where we gave a full and excellent service, we are realligning our service model to more closely match the market as we see it heading towards, with the reduction of the banking sector by 1 bank due to Northern Rock going Bust or being taken over, we feel this is the time to re-adjust our staffing numbers to reflect what we see will be a reduction in future of complaints about the banking sector as we are doing such a fine job....

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Hi,

 

Tifo just saw your post - I was joking!!! How wrong can I be? I think I will cut down on my jokes as they have a bad habit of turning out to be true...

 

Now we move onto the comedy aspect of my previous post...

 

The Reply:

 

Dear Mr Gazza01

 

Thank you for your email. It was unclear who your email was intended for

and it has been passed to me, as I work in the communications department

at the Financial Ombudsman Service. I hope the following information is

useful to you:

 

By writing about 'how well the ombudsman model has stood the test of

time' Walter Merricks was referring to the fact that the nature of the

service and our core aims and values have not changed from the time that

the first financial ombudsman scheme, The Insurance Ombudsman Bureau,

was set up in 1982. We are still a free service for consumers, we are

impartial and resolve disputes by considering what is 'fair and

reasonable' in the individual circumstances of a case.

 

As you point out, obviously some things do change: new areas of

complaint come up, while others subside; the law and what constitutes

good industry practice evolves; our service has grown and we are always

looking at ways to further enhance the service we provide.

 

Finally, to reassure you on a couple of the points you raised in your

email:

- we carry out regular customer satisfaction surveys

- and our funding structure was consulted on with a number of consumer

organisations. It was thought that the financial services should pay for

the organisation - rather than passing the costs on to the consumer or

the tax payer. Additionally, financial businesses have to pay our

case-fee, regardless of the outcome of a case.

 

I hope this is helpful to you.

 

Kind regards

 

End Reply.

 

My own thoughts are that this is a prize example of C%$p, or if it had been on paper, toilet paper.

 

1st para summary: Who can you send it too if there is no named complaints address? As for it being useful...

 

2nd Para summary: core aims & value is to screw over the custom,mer on the sides of the bank more like... Who cares when it was set up, has it changed to meet the changing market? Nope it hasn't. Impartial? where? When did this sudden event take place? 'fair and reasonable' should account for a persons treatment & their circumstances which I have seen no sign of.

 

para 3 summary: I notice the reply does not list/layout/explain how the service they provide has changed. Strange that. I'll make no comment on the last sentance.

 

para 4 summary: Notice no detailing of the surveys of who carried them out & how independent they were and whether people were happy about the actual questions they put to the bank. Funding question is also unclear as does not list who was consulted so who is being talked about? I wonder coud it be the banks by some chance?

 

Well on a dull day it brought a smile..... sorry I have to correct that last sentance, it brought an ironic smile to my face as I am sure it will to yours.

 

Enjoy

 

Laters

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Tifo just saw your post - I was joking!!! How wrong can I be? I think I will cut down on my jokes as they have a bad habit of turning out to be true...

 

I wasn't commenting on your 'joke' as i saw the pure sarcasm in that post :)

 

It was the link which i said is not a surprise as they all seem to be sitting about scratching their asses :mad:

 

I have about 5 credit cards claims with the FOS which are 'close' to being settled, if only they'd get their fingers out. They've given the banks far too much time to respond (2 months at a time) and it's very frustrating as i cannot do anything about it. The FOS seem reluctant to take matters further other than allowing the banks time to respond, and it shouldn't take a bank 2 months to send a measly offer, then another 2 months to increase this. Yet it's happening. Every time i call and ask them to escalate the case, i'm told "we did state it can take 6-9 months to resolve a case, so sit tight".

 

I want to settle ASAP as obviously it would be a pity if suddenly they stopped looking at these as well and i lose out purely because of the banks delaying tactics and the FOS letting them do this, as i have lost on some personal and business claims before for the same reasons.

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