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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Warning over PPI dispute delays!!


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Found the following this morning,A record number of disputes regarding the mis-selling of payment protection insurance (PPI) will need to be resolved over the next year, as banks and insurers have subjected customers to "delays and inconvenience", a finance watchdog has warned

 

.Despite a legal challenge to PPI complaints being dropped last year, the Financial Ombudsman Service (FOS) said it was "disappointing" that a significant number of consumers are still waiting for businesses to clear up their cases.

 

The ombudsman expects to settle 130,000 PPI cases in the financial year 2012/13 and warned that many of these disputes are likely to be "more entrenched".

 

This figure is up from 109,500 this financial year and more than double the 60,000 PPI cases resolved in 2010/11.The FOS said it will need to gear up on an "unprecedented" scale to tackle complaints, with PPI cases expected to make up half of its workload.It is consulting on plans on how to cope, including proposing businesses pay an additional fee of £350 for PPI cases on top of the £500 standard case fee, saying it would not be fair for those not involved in mass PPI claims to cover the costs.Tony Boorman, principal ombudsman, said:

 

"A year after the High Court ruling gave us legal finality on the approach that financial businesses should take on PPI complaints, it's disappointing that there's little finality for significant numbers of consumers who are still waiting for their bank or insurer to deal with their complaint.Apologies if this is in the wrong place, Unfortunately i am still unable to persue all my own miss-sold PPI,s ( S/E ) due to ill health caused by them,Regards Ro

Edited by citizenB
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Thanks for this, have relocated you to the Payment Protection Insurance forums.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.consumeractiongroup.co.uk/forum/showthread.php?332184-Has-your-PPI-claim-been-upheld-But-LTSB-delaying-in-sending-payment&p=3667607#post3667607

 

Have also copied your post to the thread above as LTSB appear to be rather reluctant to pay out refunds once a claim has been upheld :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ro, do you have the link to the article, please :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And why on earth don't people simply start a legal action under BCOBS/COBS for unfair treatment, beats me.

 

Read about unfair treatment and about BCOBS/COBS here.

You can take this to court and get a rapid victory which will shock the industry and the regulators.

It will only take a handful of actions, a handful of judgments and a handful of FSA fines to get the whole nasty dishonest industry to re-prioritise their PPI payments and start paying out quickly.

 

Have you thought about why PPI payments are so delayed?

 

  • First, in order to keep costs of repayment down, the resources allocated to PPI claims and refunds is very poor. Not enough manpower and systems = cost savings but delayed payment
  • Second, while your refund is delayed, the cash is there to be invested and lent out at very high rates of interest - well over 15% and often over 20% (compound). When the money is finally refunded it is paid out to you with 8% interest (simple) so that every extra day of delay is a nice little earner for your bank/lender/insurer.

 

The finance industry has treated PPI customers as mugs for years and years - and they continue to do so.

 

The Mugs simply don't get it and they just let it keep on happening.

 

Why don't you all stop being a mug and go and sue your bank?

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Thanks for reply Bankfodder, I am a mug, I was told by several banking organisations I had to have PPI! Being self employed. I had to take their word for it, however their policy seems to have been, rip off anyone they can, to make as much money as possible from their customers by falsely stating they had to have PPI, or they would not advance any funds!

 

And now we know this, however possibly still being a mug I fail to understand why the FSA, or law courts, continue to treat us all as mugs, by allowing these once respected institutions to get away with keeping their customers money, unlawfully, that they have either stolen, or fraudulently obtained.

 

Or by stealth., How is it we the victims have to fight to get justice? And our own money returned?

 

These institutions know they have our money, it’s in their records! Yet even if you win a case against them, they will still try and dictate how you spend it! I-e pay them first! Are these institutions guilty of criminal behaviour or not? If not criminal I don’t know what is!

 

Should not profits criminally obtained by fraud, or stolen money obtained, be repaid? Without the onus being on the victim to try and get their money back? the result is we are all being treated as mugs!

 

Personally this has made me ill, I cannot cope with fighting anymore as a result! I could lose my home, yet I am supposed to be in a fit state to fight for what has been stolen from me! I have not worked all these years for me, it has been for banks! That is not only a definition of a mug, but a victim of crime, why is it not Law for stolen money, plus interest,plus fines, to be returned to the victims?

 

Regards, mug Ro

Edited by ro284
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Evening all,

 

It seems that not everyone shares Bankfodder's viewpoint, I picked the attached up off of another site.

 

 

Attached: "BCOBs only applies to the deposit taking activities of banks. "

 

''BCOBS applies to firms with respect to the activity of accepting deposits from banking customers, carried on from an establishment in the UK''.

"FAQs:

It is the OFT who regulate credit and therefore overdrafts."

 

"Using BCOB's to take bank charges claims to court - as JudgeFodder suggests - is about as much use as tits on a bull.

 

The idiot is even recommending using BCOBs to litigate delays in PPI refunds and calling people ''mugs'' for not doing so.

 

Warning over PPI dispute delays!!

 

He is disturbingly unhinged."

 

 

 

I do not share this rather radical view, I believe that BCOB does apply.

 

Kind regards to all,

 

Dougal

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And why on earth don't people simply start a legal action under BCOBS/COBS for unfair treatment, beats me.

 

Read about unfair treatment and about BCOBS/COBS here.

You can take this to court and get a rapid victory which will shock the industry and the regulators.

It will only take a handful of actions, a handful of judgments and a handful of FSA fines to get the whole nasty dishonest industry to re-prioritise their PPI payments and start paying out quickly.

 

Have you thought about why PPI payments are so delayed?

 

  • First, in order to keep costs of repayment down, the resources allocated to PPI claims and refunds is very poor. Not enough manpower and systems = cost savings but delayed payment
  • Second, while your refund is delayed, the cash is there to be invested and lent out at very high rates of interest - well over 15% and often over 20% (compound). When the money is finally refunded it is paid out to you with 8% interest (simple) so that every extra day of delay is a nice little earner for your bank/lender/insurer.

 

The finance industry has treated PPI customers as mugs for years and years - and they continue to do so.

 

The Mugs simply don't get it and they just let it keep on happening.

 

Why don't you all stop being a mug and go and sue your bank?

 

 

 

Starting to wish I had the time, nohow and guts to have done this :( As each time I speak to the FOS they annoy me more and more!

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