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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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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Lowells newest SB tactic


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I have noticed on the latest batch of begging letters from the Leeds Losers, that they state that "we have addressed your query"

 

At first I thought nothing of this, however this old mobile debt becomes Statute Barred in the next Month or four and I wonder if this is some kind of p!$$ poor pre-emptive tactic to try to circumvent the whole SB argument, without the obvious pitfalls of the usual phantom payment scenario.

 

ie. they have resolved a query on YOUR account therefore you must have acknowledged the account in some way.

 

Obviously they would still be required to provide evidence of such a written query, but this would be much easier to fabricate (allegedly) than a historical payment

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Yes, they would be required to prove that they had indeed "addressed your query"

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Taking a leaf out of Transcms book, stating not under LA1980 before SB is mentioned.

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I have no issues in dealing with this, they, in their many carnations have sent dozens of letters over the years and have never had so much as a button out of me and never shall they.

 

This came from one of the infamous Three mobile accounts, trying to take payments after the contract had ended and been terminated, I told them when I received the very first letter that they had bought a dud, but they wouldn't listen, I still have the original bills showing the final payments and letters from Three demanding less than Lowells. They would be on a costly hiding to nowt if they took this further and they know it. so they keep on sending the threatograms, but now with a slight change from the usual alleged phantom payment miraculously preventing the alleged debt becoming Statute Barred.

 

it does become SB in a short while, hence their hiking up the number of letters, emails and texts, but as I've never hidden, they have had every chance to take me to court and declined each opportunity.

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