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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Nitch v Barclaycard


nitch
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Hi,

 

I sent my S.A.R almost 40 days ago and have not heard a thing from Barclaycard yet. I sent the S.A.R by recorded delivery. What do I need to do as it does not seem like they are going to respond within the 40 days?

 

Do I just estimate my charges and then send the next letter claiming the estimated charges or do I need to send another S.A.R?

 

Any help you can give me would be very well received.

 

Thankyou very much

 

Nitch

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Nitch,

 

As it says in the Step by Step instructions in the FAQ's :

 

'Under the Data Protection Act - the Data Controller has only 40 days to provide this information. If they refuse, or do not furnish you with the full information within 40 days, report them to the information commissioner - Information Commissioners Office – Information Commissioner's Office - for a breach of the Data Protection Act. We also have templated letters to force compliance through the courts - see the Templates Library.'

 

Try giving them a call before the deadline to chase things up as i did and then as if by miracle they appeared :-| !!!

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Did you send it recorded delivery?

Have they cashed your check for £10 yet??

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Hi, thanks for your reply. Yes I sent it recorded delivery with a cheque but don't think they've cashed it yet. Surprised to not hear anything at all from them. I think I will call them tonight or tomorrow. Do I just call the usual customer services number?

 

Thanks

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Right, I've been very stupid....sent the S.A.R to completely the wrong address so they have not received it. However I've been digging through my filing cabinet and have found the majority of statements.

 

As I have quite a few of them and the charges total to £290, would it be reasonable to estimate the rest of the charges levied against me as I would imagine there to be at least another £100 worth or should I pay for the microfiche copies?

 

Thanks

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