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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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      By BankFodder · Posted

      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 It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain.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/
    • AndyOrch
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      By AndyOrch · Posted

      So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)

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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.

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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MBNA/Restons claimform - old A+L Card **WON+COSTS**

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tiokim

tiokim

Posted
Posted

I think you should not hold to much on the point that the account has changed numbers. It may be totally legal, if the contract allows them. Your best defence is to insist that the account or contract was terminated before the second DN was issued so is not valid. You can use that last Restons leter to prove what it says about DN: Your account was terminated because you failed to comply with DN. That was true with the first one the same way.

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Out4Revenge

Out4Revenge

Posted
Posted

Just wishing you good luck for today, not that I think you'll need it, the timing of the DN's and the acc No change seems to prove the 1st acc was closed so they opened 2nd acc to re-issue a valid DN, sry if this has been covered.

GOOD LUCK

Jimi

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citizenB

citizenB

Posted
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Good luck for today FB. :)

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bazaar

bazaar

Posted
Posted

Even if the second DN came before termination, which account was terminated?? did you sign up for the second account. We need to know which account they terminated, was it the first one with the faulty DN that they clearly admit? Did they terminate the second account which you'd need proof of signature.

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robcag

robcag

Posted
Posted (edited)

Hi fb

 

I wholeheartedly agree with everyone above who has said the main point of your argument revolves around the first DN and its resulting termination.

 

I know you can see the logic of that, but try and make sure you've got your head around all the arguments/explanations/points put forward by surfaceagentx20 and several others.

 

The more you can fire back to the Judge against Restons pathetic pleading that it is OK to issue a second CORRECTED DN in a reasoned way, the better!

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

Edited by robcag
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citizenB

citizenB

Posted
Posted

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister ;), just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

 

But you can accidentally on purpose run over him with your wheelbarrow on the way out :p

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MARTIN3030

MARTIN3030

Posted
Posted

Looks like its this morning.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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fairbyblue

fairbyblue

Posted
  • Author
Posted (edited)

I'm back !!!!!. Well what a bit of a farce. Get there in plenty of time as the hearing is 10.40am at 10.30am this chinless wonder Mr XXX appeared on behalf of Restons he intoriduced himself to me and said he was applying for an adjournment as there is 'insufficent time' for the case to be heard as i had submitted a detailed statement. I told him that i objected mostly strongly to this. so he went away to read his "Law for Dummies" book.

 

We go in at 1045hrs and Mr Tarquin-farquar-farquar-winchester-xxxx for the claimant pipes up and says because i submitted a 6 page statement they cant deal with it today as 20 minutes is not long enough. I said i submitted it 'as was their application for summary judgement"

The judge agreed. So i thought 'Boll0cks to this' so i piped up " I have fully complied to the request to submit my statement to them 7 days prior and i am ready to go, in fact they have indicated to the court that I have no defence and they cannot see how I can go to trial in attempt to mislead me and or the court.

Judge says she has read the my statement and its are comprehensive but she agreed 20 minutes was not long enough. So Mr chinless -wonder -xxxx then asked for adjournemnt and for 1 hour of alloted time, she asked him if that would be enough would 2 hours be better? He said 1 hour would be enough. I then chipped in " if they had of waited for the allocation questionnaire without ploughing on for summary judgement they would of seen I had asked for 3 hours.

 

She adjourned to next available date !!!!!!

 

I then pointed out that i had recieved email from Restons yesterday that if i did not agree to adjournemnt because of insuffienct time they would be seeking costs. The judge was put out by that and said "Its not up to them to decide that is my decision"

 

So there we have it none of my points were tested. My powder is dry and in fact i will collect a bit more ammo before the next date.

 

Next question, can they now submit a further statement or do they have to rely on the one with all the hearsay in from Powell from MBNA that i recieved from them yesterday.;)

Edited by fairbyblue
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Viscount Stair

Viscount Stair

Posted
Posted

I didn't think it would get dealt with today - although I guess I hoped you might get a little further with the argument that it was completely unsuitable for sj in the first place.

 

I think there is probably the opportunity in practice (if not in procedural theory) for both of you to serve further statements and, in particular, a little reply dealing with the points made in yesterday's statement would not go amiss at all.

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creditcardmug

creditcardmug

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Good for you, you will be an even more formidable adversary from here on...well done

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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citizenB

citizenB

Posted
Posted
The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Well done FB. I guess it was inevitable that it would be adjourned. But as you say, you have gained confidence because of it. Also, Restons will now realise you are on the ball. :D

 

I would think that if they change their original defence then you will be able to respond.

 

All you have to do now is make sure all your arguments are watertight, so in effect this has given you a bit more time to counter anything they chuck at you.

 

I am pleased that the costs issue was squashed by the DJ:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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fairbyblue

fairbyblue

Posted
  • Author
Posted

I am pleased that the costs issue was squashed by the DJ:D

 

Well up to now its cost them a barrister to something i could of agreed to, without the need for him to attend. So s0d 'em. The judge adjourned to next available date so not the next date after 28 what they wanted.

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robcag

robcag

Posted
Posted

Well done fb

 

At least you stuck up for yourself and didn't just sit back and listen to the small talk between the Judge and the barrister ;)

 

IMHO, as this was an unwarranted SJ hearing called by Restons, which they then changed their minds about because they realised it wasn't going to be the walkover they foolishly hoped it would, then to my mind you had an unnecessary trip to court and they should have had to pay your costs for today.

 

A shame really, at least my Judge realised that and awarded me costs for the day without even asking.

 

Cheers

Rob

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decker

decker

Posted
Posted

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

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humbleman

humbleman

Posted
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

Really, would love his contact details

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fairbyblue

fairbyblue

Posted
  • Author
Posted
Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

And whats one of them?

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