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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hey there,

 

I'm new to these forums but I think it's an excellent place to get advice :)

 

My problem is my mum, she is a pensioner and is starting to get very worried. A few months ago she got a letter through for a parking fine from the local authority, now she herself doesn't drive and doesn't own a car - she never has in over 70 years. After reading the letter she realised that although the address was right the name was different (she lives on her own and has for over 20 years).

 

She got in touch with the local authority and we thought that would be the end of it. Since then she has received six more letters and demands from local police forces in Bracknell, Oxford and now Poole. All to do with parking offences, threatening court action. We have tried to get into contact with the forces that instigated the letters and explain the situation but they told us to go to the DVLA, when we tried to go to the DVLA they said they could do nothing without it going through the police. We went to our local police station, to try and report this hoping that it would be sorted with the DVLA then but we were told there was nothing they could do, they wouldn't even go through to the DVLA to see what was registered under her address.

 

Today she recieved a letter from DVLALO asking for this fine to be paid or they will take it to court which could result in baliffs being sent in, She is now worried beyond beleif. We have tried on numerous occassions to get this sorted and have not been able to, every time we contact the forces involved we get told it will be dealt with and then she just gets more and more letters.

 

I hope someone can help, as I have no idea where to go next.

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No bailiffs will be sent as she cannot lose any court case should one happen.

 

Because of the position she is in, I would not respond to these threats other than to tell then to put them where the sun don't shine.

 

She should welcome a court appearance, will be a nice day out for her.

 

Just write on the envelopes "Not known this address" and put them back in the postbox

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Thanks - We do put the letter back into the post every time and they still keep coming. A day in court would be nice it would mean we can get this checked out properly.

 

The one thing she is worried about is that this person is registered at her address (which is what we have tried to find out from the DVLA and the police). In this day of identity theft we are worried that someone is registered at her address when they shouldn't be. Also if this guy is running non paid fines up under her address that would also affect the credit rating of the property and as she says she has never been in debt for a day in her life.

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It is no good the police saying they are not interested. A crime has been committed here, unless it is all an innocent mistake.

 

The first thing you could do is pop into the town hall and look through the electoral register for your street. Is there someone with the exact name but at say No 35 instead of 25 (or whatever it is)?

 

That way, you could find the person and pass those details to the DVLA.

 

If there isn't, then I would suggest someone has deliberately used your mothers address in which case that is deception, in the view of avoiding fines etc. That becomes a police matter and they have the capability of putting a marker on the vehicle to be stopped when seen. With ANPR everywhere thse days, it shouldn't take long. They can then establish the facts at the roadside and they won't accept anything less than a positive ID on whoever is the then current keeper.

 

You need to write to DVLA and tell them that your mother has never owned a car and that they need to remove her address as it is clearly causing distress.

 

HTH

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Thanks for that informative input Pat. But obviously this lady IS the RK of a vehicle even if she doesn't own or kep one. She didn't buy a car. She didn't win one on a scratchcard from the newsagent. Some oik hads bought a wreck, registered it to her address and that is that by the sounds of it. Why else and how else would fdifferent police forces know to write there?

 

Or is it just me with my thinking cap on today:cool:?

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But obviously this lady IS the RK of a vehicle even if she doesn't own or kep one.

 

Not from the preceding posts here.

 

There is nothing that says that she is the RK of this vehicle, just that it is registered by someone at her address

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Ok, let me reword that. Obviously HER ADDRESS is the RK's address.

 

If the letters are addressed to Mr smith and she is Mrs Jones, she needs to do nothing other than report the theft of her postal address to the police, who as mentioned can put a marker against the car.

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