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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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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.

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      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.
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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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Me V Capital One


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I'm a little shocked right now - I sent a very basic letter Capital One on 1st September regarding charges and they have offered me £224.00 - roughly my calculation of charges. One letter, one stamp. One happy happy lady .

 

Thanks to all the advice here and MSE xxx

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Wow thats amazing!, Im helping my mum we've started the claim against them today (form N1 at court)

 

Maybe they knew what you wanted them for and have decided its easier to give in at the start lol, wish they did that for my mum.

 

Jen

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I'm delighted and it has spurred me on to claim from others.

 

Currently have letters in the post to GCapital for 2 storecards which amounted to payment charges over £500

 

CitiFinancial who sent me a letter and leaflet - I have sent them back asking for a proper response

 

Abbey - posted today asking for £512.

 

Paragon - £1015

 

Scary but every little helps and its my money!!

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