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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • BankFodder
      I would like to sue Evri please help

      By BankFodder · Posted

      I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Restart
      Commercial business lease - Letter before Action - Negotiation not going well

      By Restart · Posted

      Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • Hamz909
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By Hamz909 · Posted

      100% sure I didn't receive it, that why my first post is with the £100 letter.
    • NewsBot
      How Starling is helping launch banks worldwide and taking a risk-free slice by giving access to its software Engine

      By NewsBot · Posted

      Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • dx100uk
      Erudio/Drydens Claimorm - old SLC Loans - Stayed since 2019 - now N244 SO/SJ - Court Case Next Week

      By dx100uk · Posted

      use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

SOGA how much is the chance to win a court case

aradam
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aradam

aradam

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There is something I don't understand, a judge is in general not a car expert, they wanted this investigation to find out what caused the breakdown, with all respect for the judge, they might not know what an oil feed pipe does and how and if it gets blocked.

The defendant is guessing about the cause of breakdown.

His evidence is print outs of forums where he asked if it is wise to do an oil flush to a 65000 mileage Renault Scenic.

In accordance to soga he has to proof that the car was in a good state at the point of sale,he is guessing, we know exactly the same as before the inspection exept the amount of damage.

So how do I respond, the pressure is on the defendant, although I don't feel it like that.

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aradam

aradam

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Hi Heliosuk, I sent you an email you might have not got the notification, statement sent to court by the defendant can you please have a look at it , my court date is the 15th and I am trying to create a list with explanations and insights in the case I have to defend things, although I am not the defendant.

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heliosuk

heliosuk

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I did get it and am at present considering a suitable response. They have obviously picked up on the same said thing I was worried about but all is not lost. I'll respond in the next couple of days as rather a lot on at the moment. Get the usual crew opinion as well. I'm a bit worried that perhaps the 3rd party is seeing some of the public comments at the moment as not many people know about what I have pointed out as being a potential weak area.

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sailor sam

sailor sam

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Good, keep us posted but I doubt you will hear anything before the court date now. Gather your thoughts in the meantime and make notes for yourself to use (if necessary) in court. compile a list of questions that you know will lead the respondent into giving false answers which you can confidently challange as being lies. For example; 'When I (the applicant) first informed you that there was a problem, what assistance did you offer?' Follow up question (we know what his answer will be); 'Under the SOGA, it states that the seller has the right to inspect the goods and where necessary rectify.... can you explain why you chose not to do so?'

 

Over the next week or so, I will suggest a few more and perhaps Conniff will to. You questiions should be designed to lead the respondent into either addmissions or giving false answers which you can easily challange.

 

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aradam

aradam

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Thank you Sam, I was planning something like that, I am still waiting for a reply off Heliosuk, but he is very busy at the moment, we still have till the 15th though.

Another fact is, and tell me if I am wrong, that there is no proof of the defendant about the state off the car when he sold it to me only assumptions what could have been and what is likely to be.

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aradam

aradam

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Hi guys, if you have any tips or questions I can ask at the court case, it is the 15th, I am starting to prepare now I sent a list of possible questions I can ask the defendant based on the Statement commencing on the expert report.

In accordance to the judge they want a verdict the 15th so I expect them to go into the matter to come to a judgment.

I don't have a clue how this works, Kimbo has been in this situation.can you tell me what to expect?

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aradam

aradam

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I sent the last updates off new found evidence to court and the defendant, he bought the car on ebay from the previous owner and one off the main problems was listed and not solved

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sailor sam

sailor sam

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I have PMd you. Unfortunately this new info may have come a bit late because all relevant evidence will need to be served to the respondent in advance of the hearing for him to consider. Having read it, it does appear to be very crucial and it would be entirely up to the judge whether he would allow it to be used or not.

 

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aradam

aradam

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I sent the report per mail to court and received a confirmation, I called court if I had to bring the papers by so they have it in writing, they said I didn't need to because if you have confirmation the information will be added to the file.

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aradam

aradam

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I got a statement from Renault uk that a turbo is not a wear and tear item, I sent this right away to court and to te defendant, hopefully they will still take this as evidence, now it is waiting till Friday afternoon

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aradam

aradam

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Sam/Conniff

 

When I am home I will send you the latest questions for tomorrow adapted to the new evidence, I hope you are able to comment on it, and by the looks of it it will be the big day tomorrow, the judge told me she didn't want to delay it anymore, the only reason for a delay I can see is that there is no specific evidence that points out why the car broke in the report, but hopefully the new evidence will undo that.

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birdyboy

birdyboy

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Good luck for today! :-)

Capital One PPI Claim - Clicky!

24/10/11 - Message sent to request PPI refund

25/11/11 - Letter received with offer of £158.04 (Works out at 2 years worth. Account held 7 years)

30/12/11 - Letter received to say sig does not match records after requesting SAR

30/01/12 - SAR received (after letter sent and phonecall to prove sig)

11/02/12 - PPI Demand letter sent

10/04/12 - Letter received with same offer as 25th Nov 2011

 

Dispute with car dealership - Clicky!

Successful

 

Halifax - £1110.00 :eek: (Closed Account) WON!!

28/11/06 - Pre-Lim with Schedule of Charges sent!

02/12/06 - Aknowledgment received (30th Nov)

11/12/06 - Phone call with offer

13/12/06 - Letter received confirming offer - Phoned up and asked to increase to £1000, offer accepted!

13/12/06 - WON!! £1000

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aradam

aradam

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Soga? what a joke, the judge completely ignored soga the judge said I was the claimant and I had to proof the car was in bad state when I bought it and the damage report was not concluding case dismissed, so crappy car dealer rip everybody off you win anyway.

He didn't even bother with the rest off the evidence, cheers

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aradam

aradam

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Can somebody enplane to my why a judge looks soga up in the law book warns the defendant that he has to proof the car was in good state at the time of sale requests a independent evidence report and sets a new court date, I base my evidence on this and at the next court date a different judge completely ignores the first judge and uses the evidence against me?

Please respond is there a solicitor reading this that dares to appeal for me I feel betrayed disappointed, there is no justice here in the uk.

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aradam

aradam

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In my first hearing the judge quoted SOGA from the law book and warned the defendant that he had to proof the car was fit for purpose at the time of sale, after absolute being treated unfair by the dealer.

The judge ordered an independent investigation and set a time for a second hearing.

At the second hearing we had a different judge to my devastation he just looked at the expert report and asked me how I could proof anything from this report, I politely told the judge that I thought the other party had to proof that the car was fit for purpose and that the former judge quoted the soga.

The answer of the judge was that i was the claimant and I had to proof the car was not fit for purpose and he dismissed the case.

How do I turn this around, after putting all my money in the case, I am devastated angry and disappointed and feel abused by the system.

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BankFodder

BankFodder

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Were you given leave to appeal?

 

What is the value of the claim - and of course we would need some details

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BankFodder

BankFodder

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Well, we have over 260,000 threads on this forum so you will have to link me to your one.

Also, it is unhelpful to start a second thread on the same issue

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