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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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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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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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      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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Bit of a long stroy this one.

 

My car has been on SORN since 2007.

 

Always declared it online no problem.

 

Seemingly in 2011 I didnt do it on time.

 

Now thinking back I remember getting a letter from DVLA to which I rang them and they said if I send the declaration off that day everything would be fine

(think it was within a month of SORN expiring).

 

I got a notice of SORN back from them and forgot about it.

 

On to last year where we moved address and sent all docs off (licensce, v5 etc for all cars) to get changed over.

 

Never heard anything back regarding the SORN'd car but as I dont use it, it went un-noticed.

 

with that change address not been acknowledged the SORN renewal must have gone to the wrong address even though we had mail redrection?

 

last month I got a fine through for not decalring SORN.

I emailed them stating that I had sent off all documents and they/royal mail must have lsot them

and I was unwilling to pay a fine for something out of my control.

They dismissed this and said £40 fine still outstanding.

To get them off my back I rang to pay this.

Just as she accepted the payment she says, "oh, theres £80 outstanding from 2011, do you want to pay that?".

I told her to stick it and come scrap the car.

 

This morning the letter has come through from Collectica wanting £80 or they will come and clamp the car.

Ha, they can clamp it for me, stops any pikeys stealing it off the drive!!

 

But on a serious note, how far can they take this.

 

I begrudge paying it as in 2011 the DVLA said the matter was dealt with although no proof of this.

 

Im going to look through my old paperwork and see when the sorn was actually decalred that year.

My main question is, out of the hundreds of thousands of cars that are on the road illegally, why the hell are they spending so much time chasing me for NOT using my car and keeping it on my drive. Im such a criminal.

rant over, any help on the matter very much appreciated

 

Steve

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See if you can find the paperwork first for 2011. Your position will be stronger if you can prove that you have always made the declarations until your move.

 

They will always go for an easy target, but should not be targeting usually law-abiding citizens, and I can give you some House of Lords stuff on that. I got taken to Court over a car tax issue, and the barrister dropped it before we saw the Judge.

 

What you will have to try and do is get it referred back from Collectica to DVLA.

 

I agree with you. It's a matter of principle.

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Right, ive got electronic copies of the SORN for 2006,2007,2008,2009 and 2010 and a hard copy of 2011 (the year they are complaining about). There is a month gap from the 2010 SORN ending and the 2011 one starting but seriously, an £80 fine has no justification here surely?

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And that was presumably when you were in the process of moving house?

 

Yeah. I'm all ready to compose a letter to dvla but can't help thinking it will fall on deaf ears. If only there was a common sense department I could contact instead of the incessant jobsworth department!!!

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http://www.publications.parliament.uk/pa/ld200203/ldhansrd/vo031114/text/31114-01.htm

 

 

You'll have to lift from this. My issue was about a tax disc. My main quotes were:

 

Lord Davies of Oldham

 

The draftregulations will have no effect on law-abiding citizens who license theirvehicles on time and are also not intended to catch those who may, throughoversight or difficulty, buy their tax discs a day or two late.

 

Of course, under the newarrangements, we will make clear exactly what the liability is. After all, this drive is to protect theinterests of the law-abiding majority in the country who pay their vehicletaxes properly. I am sure that the whole House recognises that it is hightime that we drove down the numbers of those who deliberately evade vehicleexcise duty. That is the main thrust of today's regulations.

 

I can reassure the House that the new obligations will be given fullpublicity. It is not in our interests for people to fall foul of the law whenthey have no intention to do so. However, it is very much in the country'sinterests that those who deliberately set out to evade payment are pursuedrigorously.

 

 

 

Viscount Simons

 

 

 

I am pleased that my noble friend referred to theobligations under the VehicleExcise and Registration Act 1994. Some people still think that they have 14days' grace after the VED has expired and continue to use their vehicles. The DVLA must ensure that there is noconfusion about the new system.

 

 

 

The innocent motoristmust not and cannot be the scapegoat for the law breaker.

 

I think the main points are that your SORN records show that for years you have always made the declaration, and that the only month you missed was when you were moving.

 

They would not back down on this so I went to Court and told their barrister what I had and he said they would drop it. He got the point. The idiots I was corresponding with were jobsworths who just didn't get what I was saying and flatly refused to cancel the penalty.

 

DD

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