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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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    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued

      By occysrazor · Posted

      I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued

      By occysrazor · Posted

      Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • jk2054
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By jk2054 · Posted

      yes, and he has since emailed them to say he wants it done with a hearing
    • BankFodder
      eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri

      By BankFodder · Posted

      Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.

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

Co-op hardship case refused - help pls

c1nders77girl

By c1nders77girl
in Cooperative Bank

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TUTTSI

TUTTSI

Posted
Posted

Hi Andrew

 

I have just received an interim payment of 65% of my Abbey hardship claim, my claim will not be predudiced as a result of the OFT test case and therefore should the OFT win I will be able to get the balance.I followed this route my claim was paid out in under 4 weeks.

 

The best way to claim under the FSA waiver rules is to complete an income and expenses - joint if you have a partner,

 

All evidences of your hardship, this can be arrears on mortgage/rent, debts, court actions, medical.... etc.

 

A spreaddie of all your charges and interest (compensatory 8%)

 

A letter explaining your hardship and enclosing all evidences and documentations as above.

 

The more info you can provide the better chance you have of your bank giving a sypathetic cnsideration to your claim under the FSA waiver rules.

 

Tuttsi

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Guest Old_andrew2018

Guest Old_andrew2018

Posted
Posted

Hi Tuttsi

 

A result for you, I noticed your success with Abbey, if I ever need to make a claim under hardship rules I'll PM you for advice.

In the case of c1nders77girl, the Cooperative Bank have acknowledged hardship, however they claim they don't have to consider hardship cases.

So I say that a complaint to FOS is the logical next step, the alternative is write reminding the Co-Op of their obligations, in response they will just continue with their lying and delaying tactics.

 

Andy

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sallysas

sallysas

Posted
Posted

This is interesting reading. I'm on a debt management scheme but claiming compound interest (when I eventually have enough money to fill in N1) so if I eventually applied to the courts how would this affect any percentage payout?

 

I'm about to re-apply for 2 cases which have been stayed since last year claiming compound interest (instead of 8%) on those. Tuttsi, are you about to become one of my heroines?

 

 

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TUTTSI

TUTTSI

Posted
Posted
Hi Tuttsi

 

A result for you, I noticed your success with Abbey, if I ever need to make a claim under hardship rules I'll PM you for advice.

In the case of c1nders77girl, the Cooperative Bank have acknowledged hardship, however they claim they don't have to consider hardship cases.

So I say that a complaint to FOS is the logical next step, the alternative is write reminding the Co-Op of their obligations, in response they will just continue with their lying and delaying tactics.

 

Andy

 

Hi Andy

 

I had a thought after I posted that Co-op I do not believe are not participating in the OFT test case. That should not exclude them from either settling a claim on hardship or otherwise and I agree that if their letter is a final no no, then a complaint to both the FOS and FSA sent with all the evidences that has been sent to Co-op on which they have refused.

 

Another thought which I favour first is that the CEO of the Co-op may remedy this situation if it were bought to his/hers attention, especially if they were made aware that they were contravening the FSA waiver rules. Perhaps this info had not been filtered through to the relevant departments and the CEO would certainly not want to be fined or ridiculed by the FSA or FOS for non compliance. I would IMHO give a 7 days letter to the CEO advising them of the intentions to make a serious complaint to both FOS and FSA if they do not consider hardship claims.

 

Tutts xx.

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TUTTSI

TUTTSI

Posted
Posted
This is interesting reading. I'm on a debt management scheme but claiming compound interest (when I eventually have enough money to fill in N1) so if I eventually applied to the courts how would this affect any percentage payout?

 

I'm about to re-apply for 2 cases which have been stayed since last year claiming compound interest (instead of 8%) on those. Tuttsi, are you about to become one of my heroines?

 

 

Hiya Sallysas

 

I am not sure with compound intest where a claim has not already been in the court system and stayed. Is you claim with Abbey or Co-op!

 

Not knowing all your circumstances, could it be that you may qualify for exemption with the courts for filing your N1.

 

I can only tell you I was helped on another site to a very high standard of expertese and this has enabled me and many others to obtain our interim payments now rather than wait by sending everything nicely packaged.

 

Compounded contractual interest is something that I know some peeps are working on now with a court case on Friday which is now awaiting the judgement from the Judge in 1/2 weeks time. The POC etc all have to be very well presented as the oposing bank will send a barister to fight it. One of the main arguments for CCI is Sempra v Inland Revenue. You have to know your ground to fully argue this efficiently in court.

 

In the mean time you can go for compensatory interest which seems to cover whatever interest rate you want to use. My Abbey claim irronocally was contractual interest - I used the rate I was charged at the time of each charge and yes they paid 65% of that and had not argued about that.

 

Sally if there is anything I can help you with you can PM me or post here so that I can help you as much as I can. I know what it is like when you just do not have the knowledge to see something through.

 

I also believe that genuine hardship cases should be considered by all the banks not just the banks that are currently involvbed in the OFT test case.

 

Regards

Tuttsi xx

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  • 2 weeks later...
fleeced_by_rbos

fleeced_by_rbos

Posted
Posted

Check out the advice given on the FSA website:

 

FAQs complaints about bank charges

 

Scroll to the bottom and it mentions "If you have a case of genuine financial difficulty, your bank or building society must still handle your complaint. If you're not happy with their response, we can look at whether we will be able to deal with your case before the legal position on bank charges has been settled under the "test case" legal action."

I wonder if MBNA are the new Enron :roll:

 

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c1nders77girl

c1nders77girl

Posted
  • Author
Posted

Well, after numerous letters etc. Co-Op have wrote to me today offering to settle my bank charges at half, I have am in the middle of writing a letter to advise I will accept this first payment but will still be continuing to claim the other half.

 

So, at least this has now reduced my overdraft down further & thus reducing my debts.

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sallysas

sallysas

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html will give you all the letters you will need.

 

Don't forget if/when you file at court to put into your POC (particulars of claim) that you have already accepted xxxx amount as part-payment only.

 

Glad they're crumbling for you.:)

 

Sally

 

 

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TUTTSI

TUTTSI

Posted
Posted

Cinders,

 

Firstly, congratulations hun.... I am so so pleased for you, you got there in the end.

 

You should not have to reject claims under the waiver condition as the Co-Op should have made it unconditional and it should not have been in Full and Final Settlement. Have they sent you a letter and are you able to scan it in without you personal details so we can check the wording for you. They also under the waiver rules not be asking you to sign that it is in full settlement.

 

The balance of your claim should be dealt with at the end of the OFT test case and any residue will be paid then.

 

Regards

 

Tuttsi xxx

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