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    • Good morning,  I am back here as I have my court hearing on the 16/1/24 and wanted to prepare myself. I have started to read through the cases here where people in similar situations have gone to court and the recently added court transcript. I will continue to read about third party rights. Is there anything else you feel would help.  Many thanks
    • Okay. Thanks for this. If you redact documents in future, please could you be a bit more delicate about it so that we have a more careful idea about what is missing and we don't get the impression that may be something important is covered up. You will get your money back – but it's important that you realise now that you are in control. Read the stories. Read the advice that we give in the pinned treads at the top of the sub- forum. Ask us questions. The mediation process really doesn't involve much law. It really is just about stating your position and that making it clear that you won't back down and you were prepared to go to court. There is no reason why you should give up a single penny. I can appreciate that it is heartbreaking. There will be thousands of people this Christmas season who have parcels disappearing either through carelessness by EVRi or by theft committed by their own staff and people will be heartbroken. Despite that, EVRi will continue to try and defy people's legitimate claims. They run an insurance system which is unenforceable under section 57 of the consumer rights act. This is not a real insurance in that there is not a commercial insurance where it is simply just money in their pockets. My estimate is that EVRi themselves are earning several billions of pounds per year of unearned and undeserved money and the parcel delivery industry as a whole is probably earning £10 billion per year in exactly the same way. This is why they are so greedy about it and this is why they are so enthusiastic about not giving up a single inch. And of course it is the consumer who pays the bill. And this is billions of pounds every year which is removed from the UK economy.
    • Thank you so much, the first line just contained my home address, hence why I redacted that section in the second page. The claim form starts from point 3.15, I've posted everything honestly, it's my first time dealing with matters like this (and I hope to never do this again in the future) and I've stumbled - so I suppose I just felt really overwhelmed and treated unjustly about the situation after seeing their defence statement.  I had saved up so much money to buy this jacket for autumn, and was so excited to own it, it wasn't the right size so I wanted to return it, get my refund and purchase it again in the right size, and it's just led to this whole mess by EVRI.  I didn't even receive the £23 compensation, I checked my bank account again yesterday and still don't see it, so they are wrong in that matter.  I'm going to draft up my mediation open statement and post it here, it's booked for the 11th 
    • I hope you are feeling a little less depressed and dejected this morning. He managed to get this started on your own and many people don't get that far. It's pretty clear from your claim form the although it's a bit strange, that you've done some reading here before you sent it off. It might have been helpful if you'd posted up first but anyway it's okay and it's good enough to have warranted a full defence from EVRi. You've redacted the first one or two paragraphs are your claim form. I'm not sure why and it will be helpful if you could post the whole thing with minimal reduction – simply to remove your identifiers. You don't need to redact anything else. Don't worry about it – as long as we are honest and straight dealing, you can be comfortable about posting anything you want. You can be certain that EVRi is watching this thread already and they know exactly who you are and what you are doing and the claim that is coming. Once again, we don't engage in secret squirrel stuff. We are upfront and squeakyclean. EVRi knows this and this is something they have to deal with please can you post the claim form again – minimal redactions. That will be helpful to us. You are mediation coming up. One of the things you must do is to start feeling confident and don't start acting depressed or dejected. You have the whip hand. You can control this. EVRi are in the wrong. They know they are in the wrong and they are simply trying to raise obstacles to discourage other people. You will probably find that the person on the other end of the mediation is George Wood who is simply doing his masters bidding. Don't give any ground. Eventually you might give up some interest that you will get the money. If the mediation fails then simply walk away and we will help you in court and you will definitely win. Of course you're going to give ground on the double claim fee That was a mistake and you should refer to it immediately at the beginning of the mediation so that you can demonstrate that you are not trying to money grab. You are simply trying to get what you paid for which was the successful delivery of an item by EVRi. You paid 100% – you get 100% return. It's easy. Even George Wood would understand.
    • I think she still has the original court paperwork we were all.up to date with, just waiting for her to get to someone who can scan the papers properly!!
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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.

      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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Katie-Lou v Pounds till Payday


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OK my fiancee got a payday loan from these idiots and i told her not to and on reading everyone's problems i wish she had listened to me.......... The problem started when she asked them why their was no Direct Debit set up and should she do anything to set it up on which they replied and said no. She also had a chat with one of the staff online and she has printed the conversation out. then a few days passed and we got call after call from them being nasty saying she had cancelled the DDebit and she had to pay their and then by card. So our Katie told them she was not willing to pay over the phone and for them to do it the proper way by direct debit. We also phoned the bank up and they said nothing had been set up. Today we have received a phone call off them to which they told Katie they have just spoken to her employer and that they have tried numerous times to get hold of us which is not true, and that from today they are gonna keep phoning us every day and her employer until its paid. I told Katie to ask them to pass it on to clerity which she did only to get a smug answer which was we will hold onto your account and you will be getting a call every day. shocking this as they are anything but polite. is their anything we can do??

 

 

Thanks

Edited by katie-lou
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Hi

 

I too have had problems with then only yesterday, firstly inform them if they continue to telephone call you they are breaching the harrassment act (sorry dont know any details but am sure you will find details on this site) and that they are breaching the data protection act by contacting the employer without your permission (again sorry dont have any details), i stupidly got involved with them also, and unfortunately was admitted to hospital and could not repay the full amount this month, I spoke to the payments department and got a really rude guy who reluctantly agreed to take half this month and half next month, I cancelled my Direct Debit and agreed to pay by debit card, unfortunately am waiting for a replacement card from my bank which had not arrived yesterday when payment was due I called them to explain and got through to another very rude guy, I explained that I was not prepared to listen to his intimidating and threatning tactics and put the phone down. I then sent a lengthy email of complaint to Northway Financial who are part of PTPD and received a call this afternoon from their customer relations department apologising for there agents behaviour and will be assigning me a new account manager to deal with the oustanding amount, It might be worth a try to complain by email as the more complaints they have then they might have to do something about the harrassment and intimidating tactics that they use at present, I hope this is of some help and hope you can work things out

 

regards

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To be honest - I wouldn't give them your new card number! there's a fair chance they'll empty your bank account. These payday loan companies have systems which apply for payment every day until they strike it lucky and hit on the day money is paid into your bank !!

 

Ask them for their bank details and then make payment via your bank - if you have online banking it will be even easier.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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no problems just google northway financial coporation and it will give you email address I would ask them to pass the account as from what I have read on here clarity seem to be okay just don't let PTPD intimidate or bully and let them know you will be passing a complaint to trading standard and office of fair traiding they dont like that hope this helps

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Just tell them you are having difficulties and can't pay- they will soon give up. They are only allowed to keep for a month, then it goes to clarity. Your idea will probably work just as well

Enjoy your weekend

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Hiya people i have just found the contracted my fiancee signed....... well when i say signed she only put her first name and second name and this was done on the computer no pens involved. I have edited the agreement by way of taking her second name out and our address could someone have a look through it and see were we stand, that would be great if you could. Also check all the spelling mistakes and grammar out. I know my grammar and spelling mistakes are bad but i have a reason, these people don't they are supposed to be a professional company :mad:

1PTPD AGREEMENT.doc

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Legally an electronic signature is acceptable albeit the legality of the whole contract is probably debatable. I doubt PTP would want to discuss with you in court. They would have to justify their charges.

 

I must admit I was happy to pay but in my own time. The enforcability of the contract itself is not an area of my expertise but there are plenty of Caggers who will be able to help you if you want to follow this through.

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we to want to pay the money back as you do and in our own time however we were going to pay in full until we were called liars literally down the phone my fiancee was called a lier so now they can wait for their money. On the contract side what i forgot to explain was i would like some advice on the phone calls and them contacting my fiancee work as and when they next contact her i can take they phone and dish out the good news as to what laws they are breaking and see what they have to say about it.

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These monkeys are normally based in Malta or Ireland and will routinely try and abuse you to get you to pay up. You could quote the OFT and their guidelines for debt collection, basically they are not allowed to cause emarrassment or harass you. Because they are not UK based they think they are not subject to our laws etc. There is a harrassment letter in the template library you can use to send to them if you wish.

 

I would refuse to talk to them and wait for them to pass on. There is nothing they can do. To be honest I wouldn't have paid them if they called me a liar as well!

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