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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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Carter & Argoes Debt i dont owe


kalahari
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Hello,

 

For once I have a debt I don't actually owe, I got a letter from those stallions of the Debt collector industry Bryan Carter and Co.

 

I've typed a letter up in reply but would like some of you experienced types to give it a quick glance to see if it can be improved.

 

Here is my reply which saves me explaining the circumstances, I intend to send this via recorded delivery on Tuesday.

 

-------------------------------------------------

 

Your ref XXXXXXXXXXXXX

 

Dear (not sure who to address this to, your standard letter omitted the name of the person dealing with this).

 

Thank you for your letter concerning the above account. We do not acknowledge the debt that this concerns.

 

The basis for our disputing this debt is as follows.

 

At the end of last year we ordered a jumper from Additions direct, we paid for the item using our credit card. We did not receive the item and contacted Additions who then sent it out claiming a problem had arisen and apologised.

 

We, at no time, asked for credit and paid for the item in full at the time of purchase.

 

Our belief is that an error has occurred and we have been charged twice for the jumper, once with the original order and a second time when the order was actually sent out.

 

As no agreement for credit was ever entered into we are puzzled as to how you can be pursuing this as if one did. We have mentioned the above circumstances to several debt collectors who assure us the matter will be dealt with on each occasion. However this never happens as they just seem to pass the matter on.

 

We are fully aware of our rights in this matter and are more than prepared to defend this in court which is where your letter appears to insinuate this is going.

 

I would like the following steps to be taken by you or your client.

 

1. A copy of the alleged credit agreement allowing you to pursue this debt is to be forwarded to me.

 

2. Proof to be supplied to me that this debt does actually exist.

 

3. A detailed statement showing in full how a £20 Jumper (Paid for at the time of purchase) has incurred a debt of £140.25p. In my eyes this seems to be little more than extortion.

 

Should you be unable to complete the above steps I am sure you will agree your chances of successfully winning this case in court will be none-exsistant. In that case I will accept nothing less than both the written acknowledgement from yourselves and your clients that the matter is closed plus written confirmation that all erroneous information regarding this matter is removed from my credit file.

 

If you fail to respond to this letter and all points raised within we reserve the right to present this letter (and proofs of postage) to the District Judge or Sheriff in support of our defence.

 

------------------------------------

 

That last paragraph is an almost word for word copy from their letter's last paragraph stating what will happen if I refuse to dispute the matter now.

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Yep I've read a few stories on here about them. I'm assuming though that if they did try to push this through a court that a lack of any credit arrangement would prove I owe nothing. I think they are fishing to see if I'll pay up. In fact I'd be willing to bet money a living person has spent less than 5 mins on this and automatic procedures are to blame for it getting this far.

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Too complicated for BC a simple

 

Dear Cretin

 

You wrote to me reference a NON Existant debt, Now either prove it exists, or SOD OFF, or take me to court NOW

 

Regards

 

Kalahari

 

Oh dear, reading that whilst drinking was not advised. I'd love to send them that!

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  • 1 month later...

Well, got a response from Argos...

 

We are unable to locate a copy of an executed agreement, here is a blank copy.

 

From our records your account was opened in 2005 (Wrong it was 2007) and you agreed to pay blah blah blah.

 

So they don't have a leg to stand on even though they have not admitted any mistake, is there a letter on here that I can adapt to say no agreement no debt?

 

I want to stick a moan in there too about the mishandling of my account.

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There is an account ni dispute letter that you can send but I'm not sure which legislation you need to refer to when writing it. I'll try to find someone who knows about these things to come on this thread and put up a template for you.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Send a letter to Sara Weller, Managing Director, at their head office stating exactly what you have said here....I had a problem with a bed from Additions about 5 years ago, and emailed her directly, and my problem was sorted out in a couple of days....I would always recommend starting at the top and if need be work your way down....send the letter recorded, i'm pretty sure your problem will be sorted out very quickly...

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Let me just get the background information right on this one.

 

Did you send the letter in your first post to Carter? You say you have now had a reply from Argos. Is Additions Direct, which you mention in your first post, part of Argos, and, if so, what did you send to them?

 

I am assuming that you ordered a jumper from a catalogue, and paid for it at the time. Do you have paperwork to prove the payment was made?

 

Do you know if Carter is just claiming money for this one item, or were there other items supposedly ordered on this account? If so, has the account been closed and sold or assigned to Carter?

 

We need to know the exact situation before trying to compose a letter. It may be that one specifically tailored to the situation will be better than a template.

 

SH

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Let me just get the background information right on this one.

 

Did you send the letter in your first post to Carter? You say you have now had a reply from Argos. Is Additions Direct, which you mention in your first post, part of Argos, and, if so, what did you send to them?

 

I am assuming that you ordered a jumper from a catalogue, and paid for it at the time. Do you have paperwork to prove the payment was made?

 

Do you know if Carter is just claiming money for this one item, or were there other items supposedly ordered on this account? If so, has the account been closed and sold or assigned to Carter?

 

We need to know the exact situation before trying to compose a letter. It may be that one specifically tailored to the situation will be better than a template.

 

SH

 

Hi,

 

Wrote to Carter, got reply back from additions (Argos additions). I've only dealt with Argos on the phone about 7 months back.

 

The jumper was ordered from the Additions website paid for by credit card at time of purchase. At no time did I ask for it on credit.

 

All I know is Carter are now chasing this debt, and it has seen at least two other DC's who just pass it on whenever they get the details from me.

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I'm sending them this...

 

Dear XXXXX

 

Thank you for letter dated XXXXX.

 

By your own admission you do not have a credit agreement for this account I therefore find it to be amazing you are still pursuing this matter asking for further repayments!

 

Had you bothered to look into my case you will see I never did agree to a credit arangement as payment was made at time of purchase, therefore I would have been flabbergasted had such an agreement surfaced.

 

I demand the following action which, purely in light of the lack of credit agreement, you have no choice but to comply with. Any further resistance on your part is futile.

 

1. All information regarding this account to be removed from my credit record, not simply marked paid but removed in full.

2. All debt collectors you have instructed to collect this account are to be stopped before any more harassment is caused to myself.

3. The account to be closed, balance set to £0.00 and no further demand for payment requested.

 

I would also like an apology for the stress and hardship I have suffered, which included the embarrassment of being turned down for a loan partly due to this incorrect information being on my credit file. The apology should also include reimbursement for the time I have spent getting this matter concluded.

 

Obviously I know you won't do any of the last paragraph, this account will probably just get filed under 'debtors who got away with it'. But if my numbered requests are not fully complied with I will be pursuing this matter further including a full claim for all my costs.

 

I await your confirmation that points 1-3 have been fully complied with within the next 28 working days from the date of this letter.

 

Sound OK?

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