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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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      Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,

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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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      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 services - help please

fscot61

By fscot61
in Debt Collection Agencies

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Posted
Posted

The Defence has been used previous resulting in a number of stays as they have not responded, there is no guarantee of them not responding, but if that happens we are ready.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Posted
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nothing yet

 

Don,t hold your breath, they will now have a similar time as you 33 days to reply to your defence, if it follows as their previous claims for arrears, they won,t but you never know, I would like to see them try though, but either way don,t worry.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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  • 1 month later...
fscot61

fscot61

Posted
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Posted

been quiet since 17th may when I got acknowledgement of defence from court. Heard nothing within timescale so assumed it was stayed.

 

Got letter from HFO yesterday entitled "response to request of documents" and that my account will be referred back to Business Support group. who will contact me to discuss outstanding balance.

 

they have enclosed:-

 

1. a copy of the original application form

 

2. copy of default notice issued by Mercers on 13 May 2005.

 

3. letter from Barclaycard dated 24 June 2011 (addressed to me but not sent to me). they quote section 78 of CCA and state they have met the CPR . they enclose a statement of account, and a copy of the agreement (albeit a bit blurry).

 

 

I assume HFO have modified their tactics and are likely to go to court again ?

 

 

any info/advice appreciated.

 

thanks

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DonkeyB

DonkeyB

Posted
Posted
been quiet since 17th may when I got acknowledgement of defence from court. Heard nothing within timescale so assumed it was stayed.

It will now be stayed. HFO would have to apply to the court to lift the stay.

 

Got letter from HFO yesterday entitled "response to request of documents" and that my account will be referred back to Business Support group. who will contact me to discuss outstanding balance.

Er, no. No discussion on any balance. The correct route is through the courts...

 

they have enclosed:-

 

1. a copy of the original application form

 

2. copy of default notice issued by Mercers on 13 May 2005.

Which implies that the last payment was well before this, as we know. Have you gotten yet from Barclaycard the date of the last payment made? If not, call them and find out!

 

3. letter from Barclaycard dated 24 June 2011 (addressed to me but not sent to me). they quote section 78 of CCA and state they have met the CPR . they enclose a statement of account, and a copy of the agreement (albeit a bit blurry).

Have they sent any T&Cs with this, from when the account was opened, and up to the time it was sold?

 

 

I assume HFO have modified their tactics and are likely to go to court again ?

 

 

any info/advice appreciated.

 

thanks

 

Can you post up the agreement and any T&Cs supplied?

 

It’s still a split claim, remember – they have dug themselves a very deep hole here.

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fscot61

fscot61

Posted
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Posted

thanks

 

Last payment was feb 2007 - I had made a few payments to Mercers before the account was passed to HFO.

 

yes there are T&C - will try to scan them later tonight.

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Posted
Posted (edited)
Case was stayed on 20 June.

 

have issues with scanner - will try again later tonight.

 

Looks like HFO have a problem then, I am not aware of them applying to lift any of these stayed part claims.

Edited by broken arrow

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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fscot61

fscot61

Posted
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indeed,

 

but is there anything stopping them going for a new claim for the whole amount?

 

They are up to something otherwise why bother in trying to meet the CPR ?

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coledog

coledog

Posted
Posted

Only thing really is to hang on and see what kind of stunt they may try to pull. If you can post up what they have sent you, that would help.

Please support CAG and they will support you.

donate

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Posted
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indeed,

 

but is there anything stopping them going for a new claim for the whole amount?

 

They are up to something otherwise why bother in trying to meet the CPR ?

 

35 Division of causes of action.E+WIt shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Legally their only option would be to apply to lift the stay, they cant start a new claim, section 35 of The County Courts act 1985 prohibits this.If they did apply to lift the stay, because of their POC in the claim, you will have them by the balls, it would be a stupid move now to try and apply to lift the stay.So the only option open to them is to ask you to pay.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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  • 1 year later...
fscot61

fscot61

Posted
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Posted

hi guys

 

long time with no activity, until a couple of weeks ago when I received a "discontinuance" letter.

 

I've spotted a few other threads on here with the same activity. I'll read before deciding what to do.

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