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    • 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
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
    • I feeling very humbled by EVERYONE taking time to respond to me, thank you. On balance it seems the best bet is to wait it out. Cheers. 
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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.

      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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Dca Diplomas!


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thought some of you might find this article interesting.

also the link at the bottom.

 

Mon, 10 Jul 2006 13:57:04 +0100

 

CSA Diploma Course increases professionalism in debt collection

from Creditman.biz

The results of this year's City & Guilds Diploma course in debt collection, instigated by the Credit Services Association (CSA) - the official voice of the debt collection industry - has revealed the same consistent level of high achievement enjoyed by previous years. The CSA has also announced a number of significant additions to the programme for 2007.

Out of the group of students attempting to qualify for this year's fully accredited Diploma, 65 successfully passed, including 26 'credits' and five 'distinctions' - a significant achievement. A small number of students again failed to make the grade, an indication of the tough nature of the course and the serious drive towards 'professionalism' within the industry. The results are virtually identical to those posted for the last two years, and again nearly half of the group comprised women candidates, dispelling the myth of an industry dominated by men.

The course, now in its eighth successful year, is designed to cover all aspects of the industry, and to equip students with an in-depth knowledge of practices within the credit services field. To date, more than 275 Diplomas have been awarded.?

A change for 2007 will see the addition of a number of new modules to accommodate the rapid pace of change within the collections industry, notably in areas such as IT, Debt Purchase, and other developments within the commercial debt and consumer debt collection arena. As Chairman of CSA Training Services Stephen Lewis explains: "Students graduate with extensive knowledge of the debt collection industry that is invaluable in the workplace. Both employers and successful graduates have been highly impressed with the course and are advocating that it becomes an essential part of training for anyone wanting a career in the debt collection industry. I am particularly delighted that we are now receiving interest not only from our members, but also Banks and Government by way of the Inland Revue, Office of Fair Trading, and Local Authorities." Gillian Forrest, Head of Training at the CSA believes the Diploma is now firmly established as a pre-requisite to successful career development: "We have been working as a team over the last eight years to drive up professional standards and the success year-on-year of these awards is a major milestone.”

Britons love to spend on practical purposes

More Debt News...

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That's assuming they can read, of course ...

 

They seem to have problems with even simple things, like "CCA".

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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