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    • I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • yes, and he has since emailed them to say he wants it done with a hearing
    • Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.
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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.

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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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Contents Insurance


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Hi,

 

Can anyone recommend a company that will insure students possessions in private rented accommodation?

 

The landlord will not allow locks on the individual doors, otherwise my son would have been covered on our home policy!

 

I have done the usual google search but not a lot comes up for this.

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We have been looking at this for my 2, my son going to his 3rd year in Manchester and my daughter is off to Durham in October.

 

HSBC seemed reasonable although they all came out expensive because of laptops being insured out of the property and they limit the amount insured.

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Yes Endsleigh want about £140 because we need an additional cover for musical instruments.

 

It would probably be cheaper to buy a door for his room that we can lock, the landlord doesn't want any damage to the internal doors that are fitted!

 

I will have a look at HSBC thanks for posting.

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us too!!!! Musical instruments are a pain!!!!!!!! We have done the instruments separately. We also have contacted the local Police and they have helpfully given us a tube of smartwater in case things are stolen. My son's bicycle was stolen in Manchester this year and he has had to buy a new one. He had secured it with a 'authorised' lock but they still nicked it. he has now insured the new one separately too.

 

I think it is really unreasonable for the landlord to rent to students and then insist that the door does not have a lock. I think I might be tempted to put one on and pay for the damage later. How much is a reasonable payment for redecorating the door? Might be cheaper in the long run.

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That thought occurred to me too, tbh but it is in the tenancy agreement.

 

Better not say too much, you may know the landlord, just noticed you are in Surrey, my son is coming to Guidlford! lol

 

It's so expensive, could have done without even more expense.

 

I am going to investigate further about rules and regulations of houses of multiple occupancy to see if we can try and push for this. But at the end of the day, it's his house and we agreed to the terms when the tenancy was signed.

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Is it University of Surrey? If so and the property is on the university approved list then they should be able to help. Conversely if not on the list and they continue to resist the reasonable request to secure doors with locks when renting to students then you will complain to the university to be aware of the unreasonableness and that may affect future rental periods.

 

Nothing like being on a list!!

 

Don't know too many landlords, heard about plenty on here though!!!

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