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    • To be fair ,  she has responded and said she's on holiday but returns Sunday and will bank transfer when she returns and i think i believe her.
    • Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Had to cancel my own holiday


Lady H
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Just after a bit of help if anyone can.

 

Booked our holiday with Direct Holidays over the phone in July for next year and paid a deposit of £62.00. Was told another payment of £90.00 each had to be paid in September. So in total I've now paid £242.00

 

Since then events have taken hold and it has meant this is now a luxury we can't afford so I checked the booking t's & c's that came with my invoice and it says due to the notice I've given all I will lose is my

deposit.

 

Have heard nothing from them so rang today chasing it up and was told that we would lose a deposit of £120.00. The problem is I don't have any paperwork to say the deposit was £120.00 and all I was told was it is in the terms and conditions. I'm looking all through the terms sent to me and nowhere does it say that. The rep kept referring to terms on the website and how I would have had to agree to them when I booked. Needless to say I got nowhere and tried to speak to the manager who was on lunch break at 4.50pm?? I asked for a call back at 7.30pm but am still waiting.

 

I've checked on their website and have found the section he is referring to that is titled Low Deposit saying the loss of deposit would be £120.00.

 

My argument is that why would they issue a set of terms and conditions with my invoice that is a different document to those listed on the website and how would I know which I would be agreeing to.

 

Surely this can't be right?

 

I'd be grateful of any advice

 

Thanks in advance

 

Helen

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