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By Elvis Romerez · Posted
Great, thanks for the support, here is my LOC: Evri/EVRi Parcelnet Ltd Capitol House 1 Capitol Close Morley LEEDS LS27 OWH Reference: Parcel ID: Received at EVRI at parcel shop: 10.11.2023 @14.06 Collected by EVRI from the parcel shop: 10.11.2023 @18.37 Dear Sir, I write to formally complain about the loss of my return sent via Evri and the lack of response to my request for help I have been leaving via the chat box and phone line about my undelivered mirror. I have lodged a claim via your protocol but received a response I completely disagree with. I have had no responses from my further communication where I told you via the chatbot I am not happy with the outcome of my claim and wish to make a formal complaint. The customer advisor said the package was damaged and destroyed. If the package is damaged, I’d like some photos to show the damage. I’d also like the item returned to me. If you have destroyed it, this is a wrongdoing (tort). It is a trespass to goods and is known in law as "Conversion". I am seeking full compensation for the financial loss of £74.99 to be paid to me, plus the interest of £0.016 a day, taken from the day I submitted the refund claim, which was 20.11.2023. As you have destroyed my property I will also be asking for compensation to claim some damages for the wrongdoing that I have suffered by being deprived of my rights of ownership. This is in line with Conversion contrary to the Torts (Interference with Goods) Act 1977. I am asking for the sum of £50 for the conversion. This brings the total amount owed to: £125.27 Yours Sincerely, -
You don't need a solicitor. The small claims county court system is set up to encourage the non-use of solicitors. Plus dx100uk, honeybee, brassnecked, lookinforinfo, etc., have 16 years' experience on this site (and no doubt years more experience before) dealing with 12,000 of these cases, and their advice is far better than what you would get from a solicitor.
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Thank you for your comments, I am so relieved and happy that you have put the silver lining,to be honest I am not too worried about the CCJ as I am an older person and I won’t need a mortgage or credit, I am worried about bailiffs coming round and harassing myself or my wife.Thing is if I had done something wrong I would have paid straight away but to blatantly mislead you into giving them money for parking outside Starbucks then going to McDonald’s in the same car park is so so wrong.What made it worse is the fact that our friends in there car bought a coffee from Starbucks for my wife while we went to McDonald’s to get ours and there burger etc.What would I have to receive to have to worry about this matter.Thank you again for your reassurance 😊
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+1 - recent or current although in the retarded stakes, Handcock takes some matching Painful, retarded, + worse?
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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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Post in Some advice on buying a used car
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Post in Some advice on buying a used car -
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
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