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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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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.

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      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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Scare2010, have you resolved your own problem now? You've been quiet on your new thread for a few days now.

 

HB

 

Hi, I'm still in the early stages, so I got my initial letter asking me to give my side of the story, I have done that, just sent it off, now I just have to sit and wait.

:-s

I will keep you posted

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Also thanks wriggler for your comments, you didn't anger me don't worry, just annoyed with the system at the moment. Thoroughly understand I am in the wrong, and I am not excusing my actions, but some times it's the good people in the world that get s**t on, and sometimes you just have to do what you have to do in order to get by. And now with student fees rising, for me to carry on my course is probably going yo cost me another £50,000 ontop of the £15 I have already paid ( luckily I started my course before the first top up fees were put in place) but st the end of it all there are no jobs as the government has slashed budgets everywhere and no one can afford to build.

 

Sorry I realise all you guys are against people like me, but I just wanted to say it's not so black and white

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Why do so many people come on this forum with the same old excuses, I forgot my travel card, I accidently used my nans freedom pass, I dont speak English very well, how can I appeal against this unjust nasty fine, the ticket collector just wanted to rip me off, the fares are too dear I cant afford the fare as I am a student, low paid worker, need to spend money on beer etc

 

I dont work on the railway or tube system I am just an ordinary commuter

who pays £44 a week on a 1-5 zone travel card, yes its expensive but its my choice to work so far from home.

 

If I was stupid enough to lose my card which is difficult bearing in mind I travel on a bus, two tube lines, overground then another bus, I woudnt expect some hard pressed ticket collector who has heard the same story 100 times that day already to have any sympathy for me and why should he?, I would expect to be treated as a potential fare dodger and get a fine

 

How many people here whould expect to take a chicken from Tesco without paying and expect the store to let you off as you forgot your purse, fare evasion for what ever reason is the same, it's stealing, FGS most of us use the travel network everyday we know we need to pay for it

 

So sorry I have no sympathy for yet another whiner caught in the act and trying to wriggle out of it

 

The foregoing by Madamfluff is, I believe, an expression of the opinion of the vast majority of the travelling public. It is why RPIs, ticket inspectors, Senior Conductors etc get the support of the 95% of the travelling public who pay their fares and expect everyone else to do so too.

 

It doesn't excuse the faults that are clearly apparent in many areas of our public transport system,

 

It doesn't excuse the high fares that are chargeable too often,

 

However, it does recognise the simple truth that you can only expect take the service if you have paid for it. Thank you for a dose of commonsense.

 

I believe that I have always acted in what I hope is a fair manner and where I have been vested with the authority to make any decision, whether or not any prosecution proceeds has and will always be based on merit.

Edited by Old-CodJA
corrected grammar
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Sorry I realise all you guys are against people like me, but I just wanted to say it's not so black and white

 

I think that most of us are long enough in the tooth to not be 'against people like you', but against the 'offences' committed.

 

One conviction for fare dodging does not mean that 'you' are a 'bad person', just that you did something that was wrong. It is the action that is judged, albeit it is the person that is punished.

 

I have yet to meet a 'defendant' that was totally evil, nor a prosecutor, witness or friend that is totally 'good'. I expect that if we looked hard enough, we could convict Mother Theresa of something, and find that Hitler could be quite charming if you ignore some of his naughtiness.

 

I had a client (very briefly, just a quick few words and into Court) who told me that the Magistrates wouldn't like him because of his colour. I assured him that was not the case, he was surprised to find three Magistrates from three different ethic groups, who only made remarks about his actions. They did not presume, nor would I, to make general judgements about what 'sort of person' a defendant is.

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Good point, when I was being interviewed for the Bench and in a pretty conservative district, one of the first questions was "are you prejudiced?" now could see right through this so said "yes", concerned faces from the panel, "usually at the state of my daughter's bedroom!" smiles all round. But the point about appearance/origins etc is good, the bench looks at the actions and the responses

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