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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      Wow thats incredible. Thank you so much
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      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
    • scott425
      Employment Tribunal

      By scott425 · Posted

      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.
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      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      
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Consumer dude

By Consumer dude
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Posted
Posted
makes no difference in what sense ??

 

you have an int C/O, regardless of the 'type' of judgment.

the final c/o hearing is adjourned subject to the set aside application. if judgment is set aside, then no C/O for now.

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Posted
Posted
Ok, but he needs to show why doesn't he why he deserves a set aside..

 

absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

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Consumer dude

Consumer dude

Posted
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absolutely, yes. as mentioned, they need to satisfy at least the cpr requirements for set aside of the judgment.

if not set aside, then your c/o likely to be final?

 

I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

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Posted
Posted
I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside requirements re the particular given judgment.

check with ganymede

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Guest

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Posted
Posted
Is his witness statement his defence as well..

 

his ws shld be re the set a aside hearing. though aspects of it might also end up in a defence shld it be set aside.

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Consumer dude

Consumer dude

Posted
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yes, i think so. presume you have objected to the set aside so there is now a hearing?

so, they will need to satisfy set aside re the particular given judgment.

check with ganymede

 

I am objecting to the set aside in the form of a witness statement which I understand needs to be sent to court and defendant at least seven days before the hearing. At the end of the day I've told the truth..

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AndyOrch

AndyOrch

Posted
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I have seriously tried my best, and now he has lied to the court. Will I get a chance to question him at the hearing..

 

No...this is Small Claim Track...you will be in and out in 15 mins

We could do with some help from you.

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determindator

determindator

Posted
Posted

15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

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Ganymede

Ganymede

Posted
Posted
His witness statement was signed by him self and a further signature by the person who helped him. Does my witness statement just need to include my statement of facts and need not include anyone else to witness it.

 

Just your sig on your witness statement. .

 

His shouldn't really have been counter signed. It's a bit odd that it was.

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Ganymede

Ganymede

Posted
Posted
15mins is a very limited time to get to the bottom of the accusation of the defendant claiming it's not his signature on the agreement. If he does concede it is his sig, surely the Court will have something to say about wasting time at the very least.

 

My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

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Consumer dude

Consumer dude

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My concern is that without a report from a handwriting expert how will the Judge know if it's his signature or not?

 

In that case, would it be for the defendant at his own expense to prove the signature is not his and not for my self to prove otherwise. The judge after all has already found in my favour..

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steampowered

steampowered

Posted
Posted

If this is just a set aside hearing, there shouldn't be any decision made on whether or not it was his signature. The decision would only concern whether the existing CCJ should stand or whether the judge thinks he should be allowed to start again. At the set aside hearing you should emphasise the amount of time that has passed, that he had plenty of chance to file a defence and the cost/trouble you have already gone to trying to enforce. If you can paint the signature thing as a desperation argument rather than something serious that would help too.

 

If the judge thinks there is something in the signature point and a set aside is granted, he would then be able to file a defence and you'd go to a hearing down the track which would decide on the signature. If this happens you'd probably end up with a jointly appointed handwriting expert.

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Consumer dude

Consumer dude

Posted
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Posted (edited)

I write in response to the witness statement of the defendant. I am (name) of (address)

 

A/ The defendant has claimed that he wishes the judgement entered on the 6th/JAN/2015 to be set aside and goes on to wish to defend this action and that no evidence has been supplied to how how the claim is made up.

On this issue I draw to the courts attention the paper work that I have supplied both to the court and to the defendant within the civil procedure rules and within the time and that I dispute the defendants claim on this issue.

 

B/ It is also stated by the defendant that the charging order be set aside as not served nor evvidence supplied.

On this issue, I again have presented all documents according to the rules to the defendant and within time limits and with that I also dispute the defendants claim on this issue.

 

C/ The defendant gave me absolute authority to operate his accounts, which included his current account and any credit cards in his name. So the allegation that he did not give me permission to use his credit cards in a way that would help to overall reduce his debts, I totally refute The defendant gave me absolute authority to operate these accounts.

 

D/ It is being claimed by the defendant, that the signature that he signed to confirm the amount that he owed me is not his signature. I (the claimant) state that this signature is the defendants signature and to which it was signed along side mine on (the date) at the defendant home address following my stay with him self and his family over the christmas period of 2012 and I am of the opinion that this is a desperate attempt to deny the truth and to further waste my time and the courts time..

 

E/ Further more the defendant has been aware for over two years of the claim against him and should he have had any concerns, he should have presented those concerns at the time either through mediation ( which he had turned down) or even to instuct someone one to speak on his behalf if he was not able to himself

 

F/ On the day before the hearing to decide the charging order application I received an application to set aside. I present to the court that that was an atempt by the defendant to delay and frustrate proccedings.The above is a summary of might be sent to the court and the defendant.

 

Any comments so far to this would be appreciated. Many thanks..

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Consumer dude

Consumer dude

Posted
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Posted

Had a few days off from this issue. I am now preparing a witness statement which I aim to send off both to him self and the court some time next week which will be within the time stated. The mere fact that from the order being given and his application to set aside has not been acted on promptly. Over four months from the date the order was given to the time of his application..

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