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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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Anyway to get out of contract with 3?


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After being an O2 customer for years, I decided on a change....

I got a decent deal with 3 and a decent phone, after some technical issues with the phone I returned it to the shop and they replaced it, I again had more issues with the phone so they exchanged it for another model.

I have to say I dealt with the guys in the 3 shop who were great, this was however after I had pulled my hair out with 3s customer service department, who all speak like robots and cant understand what I tell them.

In a nutshell, 3 have terrible customer services (not in the shop)..and bad siganl coverage, the guys in the shop told me 3s coverage was huge, but they would wouldnt they?...

Anyway I wish I hadnt of left O2, I was wondering if there was anyway for me to get out of my contract as I am totally unsatisfied...

They have told me that there is no cooling off period once I have a contract with them I am stuck with it..

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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You do - you have 14 days to reject. After that you are committed. As for their claim, they do actually offer the best 3G coverage and ahead of any other network. Of course, the other networks also use GSM 900 and GSM 1800 which, having been established since 1990/1995 respectively, IT'S coverage is greater, as you would expect.

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Ah I did ask within the 14 day period but I was told by the guys in the shop that 3 had done away with this and that there was no 14 day period now..

Live Long and Prosper!! Dont let the BxxxxxxS get you down....

 

Claiming back

Barclays £1968.00

Egg £100

MBNA £343.80 Recovered so far £140

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Go back and ask to speak to the manager. You were lied to. The 14 days is the industry norm to let NEW users check out the quality of the network where they need to use it. You did, it wasn;t to your liking and you attempted to repudiate the contract but were refused.

 

You could make a strong case over this, but this would have to have been your FIRST 3 phone (NOT an upgrade1).

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If 3 do not operate a 14 day cooling-off period then i don't think that there's much you can do about it. You might need to search their Ts&Cs on their website to double-check.

 

Buzby, as for 14 day cancellation periods being the industry norm, can you offer any more info on that? From my knowlege, this cooling off chance ceased to be the norm a few years ago, with companies shifting the onus onto the customer to be fully knowledgable about coverage at their intended locations before committing to a minimum term.

 

As far as i am aware, if the company do not offer a cooling off period, and there is no law currently requiring them to, then you're stuck. (although i'm open to being corrected on this).

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Why do you think the networks offered 14 days in the FIRST place? It wasn't because they thought it was a good idea and showing concern for their customers, it was to head off the potential of thousands of conxsumers being able to walk away from their contracts using the judicial process as (a) no opportunity had been given to permit them to ensure the service was 'as advertised', and (b) they would have to show the court that they were at all times being 'reasonable' insofar as networks do not guarantee coverage and the prospect of a consumer signing up to a 2 year duration contract, yet have no service at their home or office premises remained a very real one.

 

It was THIS that provided for the 'unwriten' rule that customers would be given (very) limited leeway to repudiate the contract and if, after 14 days, they had not raised concerns or a complaint, the contracts was established and the customer was stuck with it. It is also worth remembering that the DSR also affects contracts entered into over the web or by mail order, so what I'm referring to was for those purchasing handsets on trade premises in person.

 

Also, do not forget that if a consumer is advised by a networks online coverage checker (or instore staff) that is coverage will be 'fine', this forms part of the agreement - even though the coverage shown has advisories noting that these are computer predictions and may vary from the actual covereage recieved. Since (additionally) these checkers only give coverage estimates based on external (ie 'outside') service, someone sitting in their lounge can very well be totally incommunicado, with 'No Service' showing on their handset.

 

3UK may have advised their staff to reject (Ryanair style) issues like this, and whilst my advice is ALWAYS to check out any network prior to making any formal commitment using a friends or PAYG mobile, or better yet, NEVER sign up to a mobile contract, consumers can go back to protecting their interests formally, by taking the network to court, and having the contract recinded that way.

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