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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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cash4phones latest idiot to send them my phone


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Hi, I'm new to forums and I don't really know how they work, so I'm sorry if writing this is the wrong area.

 

As my title explains I stupidly sent this company my phone without researching them first! I sent them my phone at the beginning of September as they were offering more than the other companies (£75) I knew they would probably lower their offer as my phone had a couple of scratches, however they lowered it to £24.52, so I paid the £8.95 return fee to get my phone back on 12th September. When I didn't receive my phone I sent an email to them, I then received a phone call on 19th September and the caller said there had been a mistake and they could offer me £55 plus my return fee back, I accepted this and was told payment would be in my account in 72 hours, needless to say after many emails back and forward, me demanding my money and them blaming technical difficulties I still do not have my money, I also asked for them just to return my phone instead and they said they couldn't because they had already recycled it.

 

I would like advice as to what to do know, I'm willing to do whatever it takes so they don't get away with it!!

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Sue them in the County Court.

Once they receive the papers, you will get your money and the court fee very quickly

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Hi Bibbsy and welcome to CAG

 

Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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You must issue a letter before action Bibbsy giving notice of intended litigation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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How's this? (I have left out my name and address, but will add it in before sending)

 

Cash4phones

15 Gateway Mews

Ring Way

London

N11 2UT11

11th November 2013

Letter before court claim

Dear Sir or Madam,

Re: Payment for phone to be recycled, Ref 20345485

I have not received payment for my Sony Ericsson Xperia Arc, which from your last email you said would reach me by 8th November 2013. I originally sent the phone to you on 10th September 2013, you then changed my offer from £75 to £24.52. I then paid £8.95 to get my phone returned as I didn’t want to accept the £8.95. On the 19th September you the called to say there had been a mistake and offered me £55 plus the return of my £8.95 fee, which I accepted and was told payment would be with 72 hours. When I did not receive payment I emailed you on 1st October 2013 and was told that my “file was moved over to the accounts department” and needed to wait 7-14 working days for payment, again this payment did not appear. On the 14th October I requested that you return my phone but you said “we cannot return your handset as it has been recycled”. I have sent 2 further emails asking for payment the last of which you replied to on the 28th October promising payment by 8th November, which again did not happen. I am once again requesting a full payment for my handset and return fee totalling £63.95.

I would like a reply as soon as possible so that I know you have received this letter. To avoid taking court action I am willing to accept full payment by 28th November 2013.

If I do not receive a satisfactory response and payment from you before 29th November 2013, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours faithfully

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