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    • In that case, it's crazy to me that part of their defence includes the following: 2.52. ‘The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.’ 2.53. ‘Full Cover’ is defined as ‘optional enhanced compensation that you may,for a fee, take out when you submit an order.’ 2.54. 26. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That  compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage. 2.55. 27. The Claimant did not opt to increase the level of compensation for The Parcel and therefore pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £23.44. -> If they know they can't do this, why include it in their defence.  THe second part I'm worried about is this section: 2.24. 20. The twenty first paragraph of the Particulars of Claim is noted. It is denied that the Claimant is entitled to £169.00 in respect of the Parcel. It is the Defendant’s primary position that the Claimant is entitled to £23.44 in respect of the Parcel under the terms of the Contract. Without prejudice to the Defendant’s primary position, the Claimant valued the Parcel at £150.00 when ordering the Defendant’s delivery services. The Defendant requests evidence from the Claimant as to the reasoning for the difference in valuations from the Claimant. -> like I said, I have proof of receipt of the actual price of the jacket, I had email correspondence with the brand asking if they have received my jacket and included the EVRI tracking number. The parcel is also clearly labelled to return back to the store.  I've also shared all of this, and even provided the receipt in my claim lost parcel to EVRI It's a shame I put the estimated value of the item when posting back, rather than the exact. I was in a rush and just put a rough figure I had from memory (again, lesson learned)
    • Thanks for letting us know. It always helps to get feedback. I'm surprised at the addition of the surcharge. Yes, it must be imposed by law but the usual way to get round it is to make the fine £72 and the surcharge £28. You could argue that if they accepted that you did comply with the conditions of the offer you should not be disadvantaged at all and there is adequate mechanism for that. Their Legal Advisor (the person sitting in front of them) should have advised them accordingly. All in all a decent - if slightly incorrect - outcome and appealing against the sentence is probably not worth the hassle. As you say, "lessons learned" (but of course you won't be caught speeding again, will you?  😀
    • 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 
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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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PPI with Barclayloan ***REPAID***


wonkeydonkey
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I was browsing cag for something totally unrelated when I came across postings from other caggers on PPI, I followed the threads and then decided to take a look at my own loan details and question the PPI. Sure enough I had been sold a non starter.Did battle with Barclays and have now received a full refund of ppi going back 6years so *WON*

I must say a BIG "thank you" to cag for without you it could have been my money in their "inflated bonus packages"

 

WD

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Hi Wonkey,

 

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Wow wonkey donkey, well done, good for you!

Can I ask what criteria it was that you managed to claim for missold PPI?

I'm having nightmares with Barclays over a loan account and I wish to claim for this also but I'm not sure how I prove it was missold. My loan agreeement was taken out online in September 2004.

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Wow wonkey donkey, well done, good for you!

Can I ask what criteria it was that you managed to claim for missold PPI?

I'm having nightmares with Barclays over a loan account and I wish to claim for this also but I'm not sure how I prove it was missold. My loan agreeement was taken out online in September 2004.[/quote

 

I was self employed,semi retired and have received disability living allowance for over 10 years I told them this at the time and was told I was still covered from day one....which of course was untrue.

 

They argued I was covered for everything should I have needed to claim,

but eventually agreed I had been missold the policy.

 

I was never told the total amount of the PPI premium was subject to interest having been added to the loan.

 

WD

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