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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
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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.
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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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I have a date with the Sherrif Court


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Hi folks, I've posted here before about my tales of woe, but need a bit of advice again.

 

Having built up a lot of debt through credit cards, I finally hit 'tilt' last year. I finally got in touch with CAB, and after over a decade of paying the cards like a good soldier, I stopped payments (just didn't have the money).

 

I am self employed and have had to move onto part time working about 3 years ago because of my hubbies health. I also have to admit to 'bumping' 2 cards because there just wasn't enough money to go round.

 

Anyhoo, strangely, I didn't get much if any contact from these cards up until January when solicitors contacted me. This has now escalated to a summons to the Sherrif Court in a couple of weeks. Now CAB are going to contact them to ask for a copy of the paperwork they may have. I have to do this as my hubby sufferes from serious depression and 3 years ago flung out a LOT of stuff, including the paperwork for these cards.

 

Now, while CAB are contacting the solicitors, should I contact the Court and tell them I have no paperwork and am awaiting copies. Also should I go ahead and request cca's for all of my debt? On CAB advice, I am sending £1 to all other debtors, all of which have cashed the cheques, although not to the 2 cards as I had no details to send to. (Bit of a weak excuse, but it did me fine at thw time)

 

I really need some help here (or just reassurance), and I know CAB are really good, but I feel I need to be doing something myself.

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Cab do not normally defend any court hearings. What are they actually going to do?

 

They normally just help you fill in the time to pay order

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Cab do not normally defend any court hearings. What are they actually going to do?

 

They normally just help you fill in the time to pay order

 

They are requesting copies of paperwork from the solicitors. I assume that they will just be filling in the time to pay order.

 

If the request halts the court case, then I will be pushing the cca side on my own. If the date has to go ahead, I will be appearing, and requesting (hopefully) a delay while I either read the copies fom the solicitor or Arrow/solicitors send me the documents.

 

Can I contact the sherriff court and ask or a delay until my paperwork appears? Never been to court, so no idea what I can or cannot do.

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I would contact CAB and ask them what the intention is once they have obtained the paperwork, to be honest I cannot see the benefit of addressing one debt by means of Time to Pay as this will not solve the entire issue.

How much do you owe?

Do you own property or any other assets?

Do you have disposable income?

 

What is the date of the hearing?

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It will not halt any court action as croc says filling in the time to pay order allows the decree to go ahead but with a court approved payment arrangement

 

If you can answers docs questions

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