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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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    • 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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Speed Credit/NDR...Cheeky little work around for the email and postal problem


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Hey Guys

 

I have been battling with Speedcredit/toothfairy/NDR/Marshall Hoares for months and months.

 

I finally got them to agree to a payment plan. On a £100 loan they had hiked up charges to nearly £1500, through sheer grit and determination I managed to get them to agree (in writing) to 3 payments of £58 to settle and close the account.

 

All was fine, I made the three payments (Oct, Nov and Dec) as instructed on their email (via bank transfer with a reference number)

 

Those jokers have now said they cannot find my November payment and I still owe them £58 and unless I pay they will start recovery for the full amount of £1560. I have called them and replied via their useless web pages numerous times, and numerous times I am told their account department is looking into it, then 2 days later I get another round of emails telling me I still owe them money. In my last phone call I told them that I have my bank statement to hand to prove that the payment has made, I have even instructed my bank to run a trace on the payment..... I was told to email it to them......Idiots! I was then in a later call told to fax it to them....!!

 

Now being in the 21st century I do not own a fax machine and my work do not own a fax machine. So what was I to do, the lovely man on the phone told me to seek out a corner shop and get them to fax the sensitive documents over...... again REALLY!

 

Soooo here is my cheeky work around.

 

I have found a online fax service offering a free 30 day trial. The service gives you your own fax number and will fax whatever you upload to any other fax machine number (after the 30 days its £7.99 a month but you can cancel it anytime during the trial)

 

http://www.efax.co.uk/

 

It works a treat! Sent my letter, copy of their letter accepting a payment plan and copy of my bank statement proving payment (with my bank account number and sort code blocked out, not having the cheeky buggers try and get any more money out of me!) via fax to NDR at this number 0203 137 0794 and a few minutes later got a fax receipt telling me my transmission was successful, sent to my email address.

 

To be fair that fax machine at NDR could actually be their local corner shop but that is the number they gave me and I have a receipt to prove I have sent the letter should anything come back to me later.

 

I wanted to share this with you guys as I know everyone has trouble emailing and sending letters to this company and indeed getting recorded delivery proof via royal mail.

 

Perhaps going old school and faxing will help some of you

 

Keep on plugging at them guys.... you can do it!

 

Love

 

H xx

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If they cant find it, and you have proof through your bank statements that it was sent and the bank can confirm it was recieved, then its THEIR problem to find it. These companies are well known for lying through their teeth to extort more money.

 

Do NOT phone them or use their silly livechat feature. Deal with everything through email and recorded delivery letters so you have a clear and accurate paper trail.

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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I just want to cover myself from all angles. Plus I want them to find the payment so they can mark my credit file accordingly and I can get on with my life :)

 

I did however just have a very interesting conversation....

 

I just checked my credit file and Web Loans Processing (who are used by speed credit etc) performed a recorded credit search on my file in December 2012 which I found strange as I had not authorised any such credit search so I called Web Loans Processing from the number on their website to query it. Toothfairy automated service picked up, I then pressed a few options and got through to Marshall Hoares Baliffs who after a lot of explaining as to why I had called, they had no idea about my payment plan and no record set up. Which is strange as I have an email from them and NDR confirming such! I was told that they are just a call centre and don't have dealing with the other companies.......When I pointed this out to them that it didn't matter who I spoke to they are all the same and I had emails from them both detailing my payment plan, they backtracked and said ahhh yes there is just one payment of £58 to close the account can you pay this today....... face palm! I repeated that I had made this payment and have now faxed them all the documents this morning and was told by the guy (who actually wasn't that bad to talk too, much better then the usual numpty that answer the phone!) that he would investigate this mess up and sort it asap for me.....We'll see!

 

When I finally got round to the actual reason for my call to Web Loans Processing, and asked why a credit check was performed they could give me no answer, they said usually a credit check was only done when the loan was applied for or a default was being added...... this all happened 2 years ago! So iv lodged a dispute with call credit

 

Strangely enough, according to my credit file there is just an outstanding balance of £58 on this account (not the £1560 it used to say......)

 

I know they don't have a leg to stand on and I know I have made my payments as agreed so that nothing can come back to me, I just want to get this closed down once and for all.

 

Fingers crossed.

 

H x

Edited by citizenB
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Why did you phone them? Keep things in writing so you have full proof of what they say.

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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