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    • Wow thats incredible. Thank you so much
    • If the purchaser denies having received it then sue P2G. If you simply don't hear anything more from the purchaser then you have the purchaser's name and address – and frankly for £48 I would go ahead and sue. As long as you have good proof of delivery then your chances of success are probably better than 95% and frankly the purchaser would probably put their hands up as they would effectively be being sued for the civil equivalent of theft. I wouldn't let it go if I were you. It would be a good exercise for you and gives you confidence the next time something comes up which is may be much more valuable
    • Thank you again Emmzzi for your insight. Not only did I do the work, but as a maths tutor delivering financial literacy workshops under the Govt Multiply project, the college were paid £400 for each student I recruited, which makes it an even bigger kick in the teeth! I spoke to Citizens Advice Bureau on Friday who advised me to go back to ACAS for advice and assistance, as ACAS are the experts in employment matters. They did also mention small claims court, as being more straightforward and less complex, but surely their solicitor would just contest this and I would lose the £80 court fee? If I did submit a claim through the small claims court, would I just leave the employment tribunal running until the outcome? The deadline for me to submit my schedule of loss is tomorrow, so I will submit today so that they cannot hold me in breach.
    • Ive just checked the tracking again and its actually out for delivery today! Anyway,  I refunded the buyer on Ebay off my own back on the 2nd of June they havent opened a case or anything like that so surely i cant take action against either the buyer or P2G/ Evri can i ? Id hope the buyer would see fit and pay but you know what people are like these days ... Once its delivered I'll send him a polite message asking for payment but i suspect there'll be no reply      
    • Thanks for this update. Let's not if you have any more difficulty – in particular if you have difficulty getting paid back from the purchaser. We can help you either against the parcel delivery courier or against the purchaser
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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eviction getting stopped


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yes i have added a income & expenditure form, i asked kensington for a list of what missed payments we missed, also how many £50 monthly fees they have added on to the arrears i was told i at to pay £20 for the information & wait up to ten working days, sinse 23rd of october untill today i have spoken to 15 members of staff i have tried and tried to get the plan back in place, i have paid the default amount up sinse the solicitors letter received in october, but kensington will not listen, my circumstances has changed with more coming in,i have also provided them with that information and still no, worrying isnt the word.

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yes i have added a income & expenditure form, i asked kensington for a list of what missed payments we missed, also how many £50 monthly fees they have added on to the arrears i was told i at to pay £20 for the information & wait up to ten working days, sinse 23rd of october untill today i have spoken to 15 members of staff i have tried and tried to get the plan back in place, i have paid the default amount up sinse the solicitors letter received in october, but kensington will not listen, my circumstances has changed with more coming in,i have also provided them with that information and still no, worrying isnt the word.

 

Have you looked through the other posts on filling in a N244? I would urge you to take care and attention to this.

 

Have you got an eviction date? You will need to file your N244, financial statement(s) and associated witness statement(s) with your local court promptly once Kensington has an eviction date.

 

You should consider what additional monthly payment would be necessary that the arrears were repaid in full before the end of the mortgage term: if your arrears were, say 4,800 and there are 48 months remaining on the term of your mortgage then you need to pay a minimum of an additional £100 per month. This is what you must demonstrate that you can do via your financial statments. You should specifically refer to "Cheltenham & Gloucester V Norgan" as precedent in your witness statement.

 

You can send Kensington a SAR request and £10 and they will give you the information you require. In terms of the outstanding arrears Kensington will have provided you with the arrears amount.

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You will find instructions on how to fill in the N244 and write a statement in the guide here : http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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no i we have not received an eviction date as yet, i am going to a solicitor tomorrow with helping filling in the form, i have filled some in, & wrote out a statement why we need the courts to suspend the eviction, i have made 16 telephone calls plus 3 letters to kensington to except the offer we are offering, will ring them up once again in the morningm most of the arrears are to do their excessive fees, as soon as this is sorted i will be tryin to re-claim any charges back, this will be the 1st try in suspending the eviction do it all depend on the judge on the day or do most judges suspend on the 1st hearing ?, i have been making payments to them.

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no i we have not received an eviction date as yet, i am going to a solicitor tomorrow with helping filling in the form, i have filled some in, & wrote out a statement why we need the courts to suspend the eviction, i have made 16 telephone calls plus 3 letters to kensington to except the offer we are offering, will ring them up once again in the morningm most of the arrears are to do their excessive fees, as soon as this is sorted i will be tryin to re-claim any charges back, this will be the 1st try in suspending the eviction do it all depend on the judge on the day or do most judges suspend on the 1st hearing ?, i have been making payments to them.

 

As you are seeing a solicitor tomorrow he/she will be able to better advise you than I possible could; good luck!

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