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    • Hi guys, After the 14 days extension as expected received a response that Evri has rejected the claim I'm attaching their defence. How does it read? From what I can tell it looks very similar to their 1st parcel defence last year, except from what I notice instead of accepting the parcel is lost they are saying they don't know as it's been over a year so they dont keep tracking records that far. Pretty scummy for them to do that since Judy Cobett is well aware from our emails that they did lose this parcel and the reason why it's been over a year is because I waited until they settled and paid on the first parcel before starting this claim on the second. Anyway, I have all the emails and postage evidence if they wierdly want to use that as an angle? The other difference is this mammoth list of dates they can't attend. Last time the list was 14 dates. I have until June 10th to respond Thanks again, claim-response.pdf
    • wheres page 2 and the copy of the hire agreement they must also send? please take  the trouble to NAME your uploads too, just like i have now.
    • Television production firms admit they are already using AI to come up with new programme ideas.View the full article
    • OK, good. So click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/ Scroll down to  Q2) How should I defend? There you will find the template defence. Change (6) to (7) and add a new (6). 6.  In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves. When you want file the defence on MCOL. You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat.
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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.
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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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request for refund sent


msneddon
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I thought the process was to send 2 letters before action . I have done this and as the last 6 months of charges wont amount to very much I probably have most of the informatin I need. More advice about the best way to persue refund under Scotish Law would be helpfull.

 

That's why you should read the FAQ. The process is roughly as follows (assuming it all goes to OUR plan)

  1. Send DPA letter to find out what you've been charged, as far back as you can go - Scotland=5 years - and to find out if any manual interventions occurred.
  2. Count your charges, and find out how much interest they charged you on them.
  3. Send the preliminary letter asking for your money back and telling them what bad people they are. Give them 14 days to agree to pay.
  4. Send the letter before action which basically rubs in the bad people angle again and says "pay up in 14 days or be my b!tch (go to court)"
  5. File your court claim and add 8%pa interest if applicable (dunno if it still applies in Scotland)
  6. Fill in the allocation questionnaire and send it to the court and the defendant
  7. Usually after filing a defence the defendant pays up
  8. Go to court if 7 doesn't happen and get your money awarded to you
  9. Go home and spend it

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hi there STONELAUGHTER or anyone else that can help. i have been away and only just got back but basically i have got all my statements for the past six years still and worked out all my charges adding up to about £2,700 for the past six years and that is with the interest on top. i have sent them a letter saying action before court and did so on friday the 6 of may, still no reply so i phoned them yesterday ( oh i sent the letter to my local branch by the way), i asked if they recieved it and a nice young lady said she had and a response was sent on saturday but may have made the last post so i should get it today. i wake up to know letter, my thinking is she wrote the letter after i spoke to her and shall get it in the morning. could anyone tell me what reply to expect and if it's not what im after as im sure it won't be then what stage to move on to and how to get the next copy of the letter please. just one last thing to make you all laugh, seeing as this is all about charges i recieved my statement for last month, and this was after i sent my unhappy letter and to my surprise the cheeky gits have put on there another £105 charges.

regards gav

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Guest Lueeze

Thats ok,

 

Choose which forum you want the post in, and claick on the button that says new thread. It will ask for a title and then one you are done send it.

 

If you still have problems I can do it for you, PM me, (top right hand corner click on Private messgaes)

 

Lou x

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hi there i would love to be able to help you with that my friend but unfortunately i can not.

but if there is someone passing through and reading this then please do answer as i myself would also like to know as i have three seperate claims that need to be done myself. sorry i could not help

 

gav

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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