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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Foreign currency problem...


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Please please please help me with this problem - I need your advice.

 

Here is the main text of an email I sent to a company that sells foreign currency:

 

"Dear Mr CENSORED,

 

 

As you can see below, on 14/10 PERSON mistakenly advised me that this currency was due to be delivered on 14/12.

 

I was in Thailand at the time, but advised my mother when to expect the parcel with said cash inside – on or around 14/12. She took delivery of a parcel the day after this date.

 

This was given to my father who visited me over Christmas.

 

Only the parcel was a book I’d ordered from elsewhere. The actual currency was delivered ten days before – and had been held in the post office until the 17th – that da my father arrived in Thailand, and the day I called my mother to chase up my missing money, and she went down there and picked it up.

 

On checking my emails, I found a confirmation email from yourselves, detailing the correct delivery date. I therefore assumed I had made a colossal mistake.

 

But it was your colossal mistake, I have discovered over the weekend – from the forwarded email. You did not send me this contract until months after the order was placed, as you should have. You sent out a confirmation immediately when I ordered £1000 of travellers cheques from you later on.

 

This left me with the problem of getting the currency to myself. I needed it for the first week in Australia as the travellers cheques were to pay for a yoga teacher training course. And converting it to pounds in the UK, and then back to Aussie dollars, two months ago, would have lost me £250 value in the money.

 

So I had to arrange for it to be sent by post, and take responsibility if it went wrong, as it was my fault.

 

It was sent to my address in Thailand, but did not arrive before I left. The Thai lady in the hotel has sent it on in a pre-paid box I left her, but that was almost four weeks ago, and it has not arrived. The hostel it was sent to have not taken receipt of it, and I am currently waiting for the proof of posting from the Thai lady who sent it from there. But she is trustworthy and I know she isn’t lying.

 

I have been completely stressed out for two weeks, especially as the Thai postal system shows the parcel as ‘accepted for delivery,’ but there is no way to actually trace it after it is sent.

 

I then discovered your email today – and am now so relieved. It was your mistake that created this ****ing sorry mess, not mine, and so you have to pay for it.

 

You will need to send me $4440, in Australian travellers cheques, to the following address:

 

CENSORED

 

Please do so immediately, or I will have to forefit my pre-paid yoga course, and return home early on a new flight. This will add at least double onto what you owe me, and will result in further costs when (if I have need) to instruct a solicitor to take up my case in court.

 

Sincerely,

 

CENSORED"

 

I waited two weeks for a reply. Nothing. Then another week after emailing asking for their response. Nothing.

 

Called yesterday. The person who sent this email above, was dismissed four weeks ago. But they are not checking his emails, or sending emails out to tell you he is no longer there.

 

The manager has told me I don't have a case, which is codswallp. He suggested "some kind of compensation" before I ended the call, totally distraught.

 

What should I do?

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Inclined to agree. Their liability to you would be limited to delivering to you the funds that you had arranged. Arranging hese things by remote controle is fraught will difficulty (as you have discovered) and whilst I'm sure they will apologise for your stress and inconvenience, it really isn;t their problem, as they provided the service you asked for.

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But their website clearly details that they cannot be held responsible for consequential loss "if the currency is delivered late on not delivered." This currency was delivered EARLY.

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That's immaterial I'm afraid. An early delivery would be viewed as an advantage. Stating that they are not liable for delayed or late delivery is simply ensuring the purchaser is aware of the issue.

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