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    • Thank you. Was the value which was declared to the courier the same value as that which you are claiming? The letter of claim is a bit wordy but it does the job. However I would delete any references to mediation or any invitation to them to make proposals for some kind of settled solution. We would normally be advising people to refuse mediation that I believe that there is a new system which is just coming in where mediation becomes compulsory. With the old system, you could choose whether or not have mediation and you would have to agree to keep matters confidential and also agree that you are prepared to compromise. If these are the requirements of the new mediation system then I would suggest that you say that you are not prepared to compromise and that you are not prepared to sign up to a confidentiality agreement. In terms of compromising – the money is yours and there is no reason why should give up a penny. On this action you will be attempting to enforce your third party rights as you do not have a direct contract with EVRi. You should also sue them in negligence as an alternative on the basis that they are due a duty of care and that they failed in their duty and that the loss of the parcel was a reasonably foreseeable consequence which has caused you financial loss. As I think I said earlier, they won't respond to this or at least they won't agree to pay you are any reimbursement. This means that you will deftly have to issue the claim on day 15 which is in another five days. Have you registered with the MoneyClaim online County Court website? You need to do that the start drafting your claim. I suggest that you post your particulars of claim here before you click them off so that we can see and let you know if we think there should be any changes. Finally, you say that you are taking advice from a government website. You should realise that we are volunteers here. We don't get paid but the people who run the government website to get paid. We are very happy to help you. We help everybody completely free of charge but if you are taking advice from some other source then you should stick with them rather than ride two horses at the same time. It will only cause difficulties and conflicting advice and confusion.  
    • Ideally you should use the following. https://www.gov.uk/government/publications/form-n265-list-of-documents-standard-disclosure  
    • You prepare a list and list any document/s you have referred to in either your Defence or intend to use in your draft statement as an exhibit and list them numbered and dated and titled.. Any document that is not on that list can not be used as evidence or relied upon to support your defence.     .
    • I know thats why I wish to see given you asked earlier about " hearsay evidence "
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Wonga


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Hi - I have a payday loan with Wonga The loan was for about £600 but due to money problems and job problems over a 3 month period they have managed to add over £1500 in charges i now owe £2187.70 They are adding on £150+ per 5 days i have tried to talk to them but they just demand the whole lot, Can anyone give me any advice on how to deal with this, Many Thanks

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Stcik to your guns. I had the sam etrouble with Wonga and they did add on over £700 pounds worth of charges, they wont listen to your offers of repayments and will basically say anything to get you to pay. Do not speak to them over the phone keep it all in writing. Albeit they will not reply but all letters send recorded and all emails keep in your sent becasue you can then prove you have tryed sorting it out. They will pass to PDP management services who i am dealing with now but this is after a good few months. They are really easy to deal with and accepted my offer of £30 per month no problems, I am just trying to negotiate about the rest of the amount but that a different story lol ;) Just please try not to worry i used to be so scared of these companies but thanks to the people on here i am really confident in dealing with these. Oh yea and you haven't done so already "lose" your card because they will drain your wages as soon as they hit. I learnt thjis lesson had about 300 quid taken once at about 2:30 in the morning coz its done by computer! :mad: you will feel so much betetr once you are in control of your money again just dont let them get you down becasue they will try. At the end of the day you can only afford what you can afford don't be bullied! Hope i have helped x

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Well said Sue.

 

I would also add that, if they are ignoring your emails (which is what they do best), then why not set up a standing order and pay a monthly amount that you can afford directly to them. they won't refuse the payment and you then are in control about what you pay and when. I have done this and only paid back the amount borrowed. I am waiting to hear from them about the dubious balance of charges ;)

 

Pm me if you need their bank details.

 

:)

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  • 2 weeks later...
  • 2 weeks later...
  • 5 weeks later...
Stcik to your guns. I had the sam etrouble with Wonga and they did add on over £700 pounds worth of charges, they wont listen to your offers of repayments and will basically say anything to get you to pay. Do not speak to them over the phone keep it all in writing. Albeit they will not reply but all letters send recorded and all emails keep in your sent becasue you can then prove you have tryed sorting it out. They will pass to PDP management services who i am dealing with now but this is after a good few months. They are really easy to deal with and accepted my offer of £30 per month no problems, I am just trying to negotiate about the rest of the amount but that a different story lol ;) Just please try not to worry i used to be so scared of these companies but thanks to the people on here i am really confident in dealing with these. Oh yea and you haven't done so already "lose" your card because they will drain your wages as soon as they hit. I learnt thjis lesson had about 300 quid taken once at about 2:30 in the morning coz its done by computer! :mad: you will feel so much betetr once you are in control of your money again just dont let them get you down becasue they will try. At the end of the day you can only afford what you can afford don't be bullied! Hope i have helped x

 

Hi

 

When your account got passed to PDP, were you able to negotiate the overall amount due to be paid back?

 

eg, i originally owed £398, and 2 months later this balance has now risen to £800 wiht interest/charges. By the time it is passed to a DCA it will be over £1000, which is just ridiculous.

 

I don't mind paying back the £398 in installments, or even a wee bit more, but im not paying back over £1000.

 

Are PDP likely to agree a lower outstanding starting balance if a plan is set up? Did anything like that happen with you?

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