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    • whitelist your comment isn't very helpful. Advising people to get advice from two different places is possibly the worst advice you can give in a situation like this.
    • Ok I'm up to speed. I really need to know when your court date is, that is very important. I also need to see a copy of your transfer notice which allocated it to your local county court please.
    • Thank you for your feedback and for taking the time to review the documents. I apologize for any confusion and for not providing a complete story earlier. Let me address your questions and provide a clearer chronology of events: • Purchase Date from Amazon Germany: June 12, 2020 • Item Failure Date: May 2022 • Notification to Amazon within Warranty Period: June 2022 • Return Arrangements to Amazon: The agent from Amazon emailed me the request to send the item back. • Issues with Warranty Period: When I raised the issue of the lost parcel with Amazon, they mentioned being out of the warranty period, even though they had previously initiated the return process. It seems the date had passed, but that wasn’t the case. I initiated the return within the warranty period (before June 12, 2022), but the return hadn’t generated a label (it needed to be sent abroad). So, I contacted Amazon, and they instructed me about the process on June 26—handling everything myself and the cost to be reimbursed later. • Choice of Interparcel: Interparcel was one of the few couriers/brokers that would ship the item to Slovakia. • Involvement of parcel2go: I used "The Evri International" service, which is operated by Parcel2go.com Limited (company number 02591405) under the Evri brand. This led me to decide to go after them. I realize the importance of answering the questions and apologize for any oversight. Here are the additional details and clarifications: • Witness Statement and Court Bundle: I haven't prepared these, as I wasn’t aware they were needed. • Mediation: I did attend mediation; however, Parcel2go rejected all my claims. I understand the gravity of possibly having to abandon the current case and pursue Interparcel or Evri directly. Your advice is invaluable, and I will provide any further information required to help assess the situation and determine the best course of action. Thank you again for your assistance.
    • Did as advised no ccj at all is showing up also paid for trust online just to make sure and nothing there either Thanks everyone for help and advice  It is much appreciated xx  
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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.
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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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Howard Cohen tries it on again.


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  • 4 weeks later...

Hi ZW,

I have just received a bulk Claim today from Howard Cohen on behalf of Next so have read this thread with interest.

 

I want to follow in your footsteps re 34.14 but not sure as the POC doesn't specifically mention the agreement just refers to terms & conditions. (unsigned agreement received when cca requested originally)

 

btw any news?

 

CCM /anyone very interested in your expertise how to approach my defence/counterclaim.

I have posted a thread here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/200385-next-retail-claim-received.html

 

thanks

gf2k

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Hello Zazen / gForce.

 

We are ahead of you both against CL in both our cases. Please have a look at our threads and see if they offer you any additional info or help in your own cases.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/184852-c-l-finance-ge.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182360-c-l-finance-awaiting.html

 

Regards

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  • 3 weeks later...
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tell the court and go for a strike out

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Hello ZW,

Have you asked them specifically if your letter has been put forward at all.

In our case we faxed a similar letter to the court instead of posting it and had a reasonably quick turnaround. Sent the fax on the 7th and have got the reply from the court today.

The only reason they sent a written confirmation it had been struck out was because we asked for it. They said they don't normally write to confirm its struck out.

Just planning our next move now... application for our costs etc.??

and then a donation to CAG after that...

(Don't get confused with our other CL thread which is ongoing but looking good)

 

Regards

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