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    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
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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.

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      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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What Happens to a Package if It Goes To a Wrong Address? ***Resolved***


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My friend used my address to send his V Festival tickets and I was meant to sign for them, but instead my little brother answered the door to the courier and told him since it was under my mates name that he doesn't live at this address. What will happen to the package?

How can I get it back?

The Festival is next weekend :/

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Hi hass

 

Welcome to CAG

 

Did the courier leave a card? If not, you need to find out who the courier was, explain the situation to them. You might have to get your friend to contact them. But act quickly. It looks like it's the Royal Mail. The important thing is the address, so they should be able to re-deliver.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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That's why you need to contact your local Royal Mail depot as a matter of urgency, they won't be sent back immediately, so you can still get a re-delivery.

 

They didn't leave a card. The courier who was apparently from Royal Mail told my brother he'll send the package back, of course this is a problem since I need the tickets ASAP
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Yep. They usually hold them for 3-5 days max.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If it is Royal Mail, the item will be returned to the sender immediately, not held for a few days at the local office as has been suggested.

 

Your friend will need to contact the sender of the item to make alternative arrangements.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Yep. Royal mail always hold parcels letters that couldnt be delivered due to nobody being at home. The only exceptions are for addresses that dont exist, or recievers unwilling to take the package.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks guys, getting my hopes up :)

I'm gonna go to the delivery office tomorrow.

 

Unfortunately this is likely to be a wasted journey unless the Delivery Office have done something wrong by hanging on to the item incorrectly. The other advice you have been given here is somewhat inaccurate.

 

The best course of action is for the sender to contact the ticket distributors and ask for them to be re-issued, especially due to the tight timescales involved before the festival.

 

One final point to note is that even if the Delivery Office for some reason still have the item (which they shouldn't) then you will not be able to collect them anyway as they are not in your name and so you will not be able to produce the required ID.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Unfortunately this is likely to be a wasted journey unless the Delivery Office have done something wrong by hanging on to the item incorrectly. The other advice you have been given here is somewhat inaccurate.

 

The best course of action is for the sender to contact the ticket distributors and ask for them to be re-issued, especially due to the tight timescales involved before the festival.

 

One final point to note is that even if the Delivery Office for some reason still have the item (which they shouldn't) then you will not be able to collect them anyway as they are not in your name and so you will not be able to produce the required ID.

 

Well on Monday morning me and my mate made a visit to the delivery office at 9am sharp, and luckily they had not sent the package back and we got our tickets. However you're correct, if I'd arrived half an hour late the package would've been gone, it was marked with "R.T.S" and everything!

Thanks for all the help guys :)

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Well on Monday morning me and my mate made a visit to the delivery office at 9am sharp, and luckily they had not sent the package back and we got our tickets. However you're correct, if I'd arrived half an hour late the package would've been gone, it was marked with "R.T.S" and everything!

Thanks for all the help guys :)

 

Close call! Well done.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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