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By Kahunaburger · Posted
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. -
its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
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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.
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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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