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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • timiny74
      Evri lost delivery of laptop

      By timiny74 · Posted

      Hi BankFodder, Thanks for the reply.  I will take your advice and read through more thoroughly. To answer your question, the value of the laptop is £255.  When filling in the online form to prepare the shipment it asked what the contents of the parcel was and the value and I specified "laptop" and "£255". Thanks.
    • BankFodder
      Evri lost delivery of laptop

      By BankFodder · Posted

      Before you start this claim you need to have a lot more confidence in what you're doing which means that you need to understand the way forward in the principles involved more thoroughly. We will help you and you will probably get your money back but this is a self empowerment forum and so you have to do your bit as well. Please will you spend at least the next couple of days reading through the stories on this sub- forum. Try to understand them thoroughly. We have lots of stories very similar to yours but even those which are not similar, have principles in them which apply. In particular you need to read and understand the information in the pinned topics at the top of the sub- forum. I know that you have been reading around here for the past couple of hours but it needs a lot more. You aren't in a huge hurry. Wait a few days before sending a letter of claim and also that needs some amendment as well. Come back here when you've done your reading and then we will have a look at your letter of claim and help you to refine it Also, please tell us the value of the laptop. Was it properly declared as a laptop – and was the value properly declared
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • NewsBot
      My golden rules for picking a regular savings account: SYLVIA MORRIS

      By NewsBot · Posted

      Regular savings accounts are accounts designed for savers who put money aside every month and reward them with a generous interest rate.View the full article
    • timiny74
      Evri lost delivery of laptop

      By timiny74 · Posted

      Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

MBNA trouble

shaaarn

By shaaarn
in Debt Collection Agencies

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shaaarn

shaaarn

Posted
Posted

Having not had much luck with Capquest CCa request I have sent a similar request to another debt of mine - MBNA (Virgin Credit Card).

 

The 12+2 days have passed with no reply then a few days later I received a letter containing print outs of transactions carried out regarding charges to my credit card account and nothing more. So as far as I am aware they are in breach of the request, I am now waiting for the 30 day period to elapse of which Im about 8 days in with 22 to go (is the 30 day period working days?)

 

Ive just had a call from MBNA (even though the letter states everything to be in writing from now on) saying that terms and conditions were sent out (they werent) and they have had no reply or payment from myself (which they havent until they supply my CCA).

 

The lady on the phone was abrupt and mentioned that once they do supply the terms and conditions that I have 14 days to pay the balance. Is this the case as I must admit it has me worried?

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miaow99

miaow99

Posted
Posted

No, she's talking rubbish. Don't answer phone calls from them.

 

The 30 day period is irrelevant now - that law has been superseded.

 

Write the "telephone harrasment" letter to them (it's on the site here somewhere).

 

Also reply to their statement, saying "you have not complied with my request". Section 77-79 requires you to send me a true copy of the executed credit agreement. You have not sent me this." Or something like that.

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shaaarn

shaaarn

Posted
  • Author
Posted

Thank you Scarlet for your kind words, MBNA are playing dumb and making out theyve sent it. I should have stopped the conversation on the phone short really and regret providing any info to them at all. Couple of queries though-

 

Was it my responsibility to let them know that they were in breach as 12+2 days had passed, they said I should have informed them but I was waiting for the full time period to elapse.

 

Does anyone know what the next step is if they do find it though, I just want to be ahead of them and expect the worst.

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eastendboy

eastendboy

Posted
Posted

Once the account is in dispute, then all debt collection activities should cease until the dispute is resolved. However, should they then produce a CCA later the dispute has then been resolved, but at this stage, let's go one step at a time:) If and when they supply a legitimate CCA, come back to us and we'll take it from there.

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eastendboy

eastendboy

Posted
Posted

Thought we were still talking MBNA:) Still the same applies to the capquest cca and reading your 1st post it doesn't sound too much like a properly executed CCA as per the 1974 Act.

 

You are right in saying that they are in breach of your request, and until they provide the correct paperwork, then that account is still in dispute also.

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citizenB

citizenB

Posted
Posted
Thank you Scarlet for your kind words, MBNA are playing dumb and making out theyve sent it. I should have stopped the conversation on the phone short really and regret providing any info to them at all. Couple of queries though-

 

Was it my responsibility to let them know that they were in breach as 12+2 days had passed, they said I should have informed them but I was waiting for the full time period to elapse.

 

Does anyone know what the next step is if they do find it though, I just want to be ahead of them and expect the worst.

 

No, it isnt your responsibility to advise them they were in breach. They are just playing mind games.

 

In future just refuse to answer their security questions if they phone and/or hang up:D.

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cashins

cashins

Posted
Posted

The longer it goes on with MBNA, the better of you are.

 

In my experience, if they have something, they send it and then try and convince you that it's enforceable. In my case, the small print on the ag is totally illegible, (so tough titty MBNA).

 

Bear in mind the sole purpose of the collectors is to get money and they don't care how they do it.

 

How old is the agreement?

 

David

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shaaarn

shaaarn

Posted
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David Ive had the credit card for approx 7 years and have stopped paying towards it recently until they give over a CCA.

 

Sorry to confuse things eastendboy, I was enquiring latterly with regards to my egg/capquest cca request which has got my mind ticking over as to whether or not its enforceable now. It looks right, with my correct signature, the right address for where I was at the time, the amount of credit made available, the interest rate stated as well.

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