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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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      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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    • 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.

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      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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Claim on stay - being chased for payment


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I made a claim against Abbey earlier in the year and my case is currently on hold.

 

My claim is for £838 but my total overdrawn (student overdraft) was £1590.

 

The debt collection company that were chasing me stopped, but the debt has since been passed on to bcwgroup.com

They contact me today asking for payment. They said that they were willing to accept £700 to clear the debt and that i need to set up a payment plan immediatedly for amount i am over my claim figure.

 

Is this correct? Do you have any advise at all?

 

Thanks,

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i have had dealings with bcw in the past and they are a bunch of bullies! The best thing is to refuse to speak to them on the phone and just write to them explaining that your case is on hold, if you can afford to make a nominal payment of say, £10 per month that should keep them off your backs, you may need to be seen to be paying something as obviously your overdraft is not covered by your charges claim. Hope this helps - they also threatened me with a house visit but as they are based in Glasgow I thought this would be highly unlikely and ignored them - they never turned up! Good luck and keep posting if you have any more problems.

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

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Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They called my mobile and work today. I have never given them my work number.

 

Here are the facts:

 

My charges claim is for around £800 minus a GOGW

This does not cover the all of the amount of my overdraft £1500

BCW have said abbey will accept £700

 

My question is, if i only have to pay £700 and the rest of the debt is written off, How will that effect my bank claim? Is the judge then likely to say, well they have already written off around £700-800 so are not entitled to anything?

 

 

I made an application to have a stay lifted, although the stay wasn't lifted the judge got rather narked by the fact that Abbey were proceeding with chasing a debt that was primarily made up on charges and that was in dispute. She went as far as making an interim order to tell Abbey to stop debt collection. If they don't comply then she has agreed the stay can be lifted. Might be worth considering if the have put you through debt collection / harrassment via phone calls etc.

 

She said that any legal action brought by Abbey in regard to the debt would have no legal basis and you could simply ask any action to be stayed too.

 

Hope this helps

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  • 1 month later...
Hi, no it wont affect your claim at all and to stop them phoning you and to get everything in writing only, send them this letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

I send the letter above via recorded delivery. Since then I have not had a single phone call or letter from them. This includes the fact they have not sent me a CCA.

 

What are my next steps or do I just wait?

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  • 2 months later...

Had a call from APEX today. I refused to give my details and said I will only communicate by post. He said that is rubbish as I have ignored letters from them. I told them I have no idea who APEX are (I didn't at the time), he basically called me a liar and said he was going to record the fact I refused to speak to them.

 

I had previous sent BCW a letter to stop harrassing me by telephone at home and work.

 

The debt is related to an overdraft do these not have CCAs?

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two more calls today and a letter from them.

 

The letter states that my account has been look at and they want me take advantage a special deal.

 

What should my reply be?

 

I imagine they will call my work phone later today

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