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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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    • jk2054
      Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods

      By jk2054 · Posted

      Not really. His claim will succeed simply because its a simple matter of a lost parcel and no insurance. Its not a complex case so I think he’ll be fine, especially as it is P2G who arent very good at defending claims but I ageee its not been handled at all well.   My only concern with withdrawing is that he loses £35 in the case of £240 but thats a matter for him   I dont think it has a reduced chance of success if OP actually replies and actions things but if not then ofcourse it will struggle.   My concern is if he starts again it’ll be just as sporadic.   Maybe close thread and let him make a new one if hes ready to engage?
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Please will you start reading up on the stories on the some form especially the pinned post. I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law. I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute. Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help. The fact that you haven't told us what the item was suggested also that you haven't done the reading. Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah. Not paying attention to P2G. Pay attention to us
    • jk2054
      Evri has probably lost a Parcel again.

      By jk2054 · Posted

      P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim.  I would say you should send a formal complaint then after 7 days sent a LOC. Day 21 from now submit your claim on OCMC.    
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .   The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'   But to recap ,  The parcel was booked through P2g and sent with Evri. No Protective Insurance was taken out. The parcels value is only £48 plus postage of £3 and the value of the parcel was declared The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened. My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...  
    • BankFodder
      Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods

      By BankFodder · Posted

      it is precisely for these reasons that the OP should withdraw the claim and begin again. Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way. Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome. We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory. If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant. I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory. By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising. Better to feel that one is in control by exercising one's own choices and taking the long view

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

Hfo capital limited

tony c

By tony c
in Financial Legal Issues

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DonkeyB

DonkeyB

Posted
Posted

I’ve got what I need.

 

Tony, can you explain more about the hearing? You mentioned a letter way back – they must have sent you a notice of hearing.

 

Can you post this notice or letter? Is the hearing a determination hearing? Have you been sent income and expenditure forms to take along?

 

Also, can you clarify the dates problem – where you were living when the claim was issued, and when the judgment was issued.

 

I’m going to be suggesting the set aside based on:

(i) The defendant did not receive the claim form.

(ii) The claimant does not own the account and therefore has no locus standii (we can prove this using their own contracts and letters. We can also disprove any other contractual rubbish they subsequently come up with).

(iii) Even if the claim had been received, it abused the court process by not including copies of documents referred to in its claim.

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patrickq1

patrickq1

Posted
Posted

this claim should not have been accepted by the courts,

Wandsworth should have been aware of foreign companies actuating claims in the UK a warning sign surely must have come up to flag this ,

i cannot read the other forms posted far too small

patrickq1

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patrickq1

patrickq1

Posted
Posted

they are trying to claim for an intrest bearing account , so details of questions asked by Donki will help, but their is a deffinate case for set aside, also what information have HFO Capital provided you with

it seems apparent that you had judgement against you because you had not turned up in court, was this because you had not been informed or had changed address ?

patrickq1

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tony c

tony c

Posted
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donkey got a letter of t&r on the 20th oct saying that pls accept this as conformation that in light of the fourthcomimg hearing of the intern Third Part debit order dated 14th October 2010 my client is not preared to accept any of your settlement offers. My client's veiw is that, given the fact that they have been pursing this debt since August 2007, any agreement to settle this debt by way of a lump sum followed by installments will only protract the length of time before this debt is cleared

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DonkeyB

DonkeyB

Posted
Posted

OK, well we need to get the N244 in asap as this will be the reason for refusing the claim by HFO for the money, ie. there is a set aside in progress which must be heard before this case on Friday can be decided.

 

Just going to download an N244 so I can try and work out what to put on it. Any other Caggers any good at completing N244s?

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DonkeyB

DonkeyB

Posted
Posted

Quick recap Tony... did you ever get a definitive reply from Barclaycard regarding exactly to whom (full company name) and when (exact date) the account was sold? If not, can you please get your other half to call them as a matter of urgency to get an answer?

 

Record the call if possible.

 

I really need you both on the ball now to help get this sorted.

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DonkeyB

DonkeyB

Posted
Posted
I’ve got what I need.

 

Tony, can you explain more about the hearing? You mentioned a letter way back – they must have sent you a notice of hearing.

 

Can you post this notice or letter? Is the hearing a determination hearing? Have you been sent income and expenditure forms to take along?

 

Also, can you clarify the dates problem – where you were living when the claim was issued, and when the judgment was issued.

 

I’m going to be suggesting the set aside based on:

(i) The defendant did not receive the claim form.

(ii) The claimant does not own the account and therefore has no locus standii (we can prove this using their own contracts and letters. We can also disprove any other contractual rubbish they subsequently come up with).

(iii) Even if the claim had been received, it abused the court process by not including copies of documents referred to in its claim.

 

Need an answer mate. This is all now VERY urgent.

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tony c

tony c

Posted
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Need an answer mate. This is all now VERY urgent.

 

phoned barclaycard on the 2nd nov at 12,35pm spoke to a lady called suzanne she said the account was sold to hfo in jan 2007 we didnt recieve a reply then spoke to another person named james who said they couldnt supply us with this information as the debt had already been sold.

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DonkeyB

DonkeyB

Posted
Posted
phoned barclaycard on the 2nd nov at 12,35pm spoke to a lady called suzanne she said the account was sold to hfo in jan 2007 we didnt recieve a reply then spoke to another person named james who said they couldnt supply us with this information as the debt had already been sold.

 

It’s worth another call – they will and must have the info on their systems.

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DonkeyB

DonkeyB

Posted
Posted
phoned barclaycard on the 2nd nov at 12,35pm spoke to a lady called suzanne she said the account was sold to hfo in jan 2007 we didnt recieve a reply then spoke to another person named james who said they couldnt supply us with this information as the debt had already been sold.

 

Their WS says it was sold 22 August 2007. That’s why you MUST call again to clear this up.

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