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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.

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      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.
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      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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Advice for Bank refusing claim


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Hello,

 

Last week my wallet was stolen in London, and my debit card was used with the chip and pin. Im not sure how but i suspect that after using my card in the morning someone was watching me and then stole my wallet. Anyway the bank are refusing to refund my money.

 

My question is what is the best avenue for me to proceed. Im happy to make a small claims court, but what chance of success do i have?

 

Whats really annoying is that i have telephoned them several times asking about the claim and was told that everything was ok. On my last call on Wednesday I asked them to confirm that it is ok, and they said it would be refunded on Friday. So today arrives and no money. Too say that im angry at being miss-led is an understatement. It is worth asking for a copy of the telephone recording of Wednesday which they must have?

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Hi silver surferrr. Sometimes the banks take their time in refunding money. If they said you would be getting the money back today, I would wait until about 3pm and if it hasn't appeared then, give them another call and ask when it will be refunded. If they fob you off, you can put in a complaint with them. They should have all the details on how to complain about them on their website.

 

You can do a SAR and ask for a copy of the transcripted phone call. But it might be easier to include in your complaint about the phonecall.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Still no money. In fact I have now been told that the case is still being investigated and another 2 days required.

 

So I have now gone from being told on Wednesday that i will receive a refund on Friday, to investigation not complete and no guarantee that i will receive any money at all.

 

I have logged a complaint about the poor customer service, and asked for a copy of the transcripted phone call on wednesday. Which I can only get by writing to another department in Brighton. And they do not have an email address, so the matter will be delayed further by our efficient postal service.

 

What should I do in the event that the claim is refused and I dont get any monies back. This event has cost me nearly £2000.

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Now im really mad.

 

Every time i call they tell me another 2 days and it will be completed.

 

Today i call them and they say that my case has only been accepted by the investigations team today.

 

This is the worst customer service i had ever seen.

 

Shall i ask for copies of all of my telephone conversations and use this to get compensation for what is becoming a stressfull experience

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Believe it or not when claims like this are made and in cases of fraud they can take up to 8 weeks, I recently had fraudualent transactions on my account and it took 6 weeks for them to return the money. This dosent excuse them for telling you what they have but you must give them ample time to investigate the matter fully and if they have misled you over this then you are right to complain and you should do this through the banks complaints procedure.

Unfortunately you will have to go with it at the moment until you are refunded but in the meantime try not to get too stressed as your health is worth more than any money in the world.

I hope you dont mind me asking but if this has left you with no funds available you could ask the bank for a temp overdraft in the exceptional circumstances you are now left in.

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