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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Your opinion about high car insurance premiums in B2-B12 postcodes


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Hi there,

I was recently given a quote for my car insurance, the quote was £3400 for insuring a fiat punto. I have 10 years no claims, no convictions, high voluntary excess, etc but just because I live in a B9 post code my insurance premium has gone through the roof. Now, who do I complain to, no one, the fact that I am a good driver with no previous claims goes unnoticed. I can understand that there is certain criteria when insuring someone, age, risk, convictions, crime rate, etc. I then realised that the situation was the same for the residents of B2-B12 postcodes, that is probably around 50000 drivers paying overpriced premiums.

 

Are you in similar situation and had same experience? What can be done if anything and I am not talking about lying in order to bring the cost of your policy.

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Hi,

thanks for the reply. Of course I tried different options, comparison sites, brokers, etc. I am quite savvy when it comes to purchases etc but the real question here is why is this method applied, why are people overcharged and the ones that cannot afford it being forced to lie on their insurance policies, effectively criminalizing themselves...

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This could be one of the reasons

 

 

https://www.keoghs.co.uk/News/Birmingham-remains-top-UK-hotspot-for-motor-fraud-in-Keoghs-6th-annual-motor-fraud-index

 

 

To any insurer you're probably a safe bet but because you live in a certain area you are more likely to become the victim of fraud and the insurance company having to bear the cost.

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I'm in B42 about a mile from the border with B6 and I pay around £650 with zero no claims discount, and a 5 year old driving license on a 4 year old Alfa Romeo....

 

Remember insurance premiums are a risk assessment so you insure yourself against the risk of an incident occuring. But at the end of the day they need some way of drawing the line otherwise it would be impractical and inefficient to administer. I think if I lived in B6 my premium would be a few hundred pounds higher even though, in my opinion, I'm no less likely to be a victim of fraud or theft/vandalism.

 

But there's no doubt other things which lower the premium in my favour - car is kept off street overnight and in the day, usage/annual mileage of the car, employment status as well as having no accidents/convictions etc.

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I agree with everything said, insurance company has to make money, fraudsters have to commit fraud, Birmingham central is expensive to insure and so on. But what happened to the way that insurance used to function, you have no claims and every year they lower your premium, it seems that some kind of method is being used, the only way I can describe it is probability method where by no matter how many claims are made we are still covered because we are overcharging everyone else, therefore there is no way we loose out. Insurance policies can be tailored if the insurance wanted to tailor them, for example, no whiplash claim included in your policy, higher excess, no fire and theft, passengers not covered, etc. I am sure that like anything else insurance can be tailored

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Not sure who you're trying to insure with but every insurer I know applies NCD as a percentage. Insurance policies cannot be tailored not to include passengers or whiplash. The law requires that any and all third party losses are covered as the bare minimum of third party only insurance. £3400 for a Punto with 10 years NCD seems excessive - is this a modified car, an import, supercharged or something along those lines? Or have you had a policy cancelled in the past?

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Of course they can drop the insurance by 13 % after increasing it by 50%, so in the end what comes across is that actually they are lowering prices and giving you a great offer..

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I would not think of Birmingham as being particularly high risk compared to Bradford/Leeds, Newcastle, Manchester, Nottingham, parts of London.

 

Suggest going to a local Insurance brokers that is not part of a large chain e.g Swintons. If you can find local brokers who are independet/long established, they may have found cheaper underwriters, as they have to be able to obtain business in their area. If you go to Swintons or a large chain of brokers, because they have branches all over the country, their local branches won't have been able to negotiate with underwriters, as it is all controlled by head office.

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Insurance premiums are on the increase because of a high percentage of uninsured drivers. Double edged sword that. An extra £50 is now added through insurance Fraud such as whiplash, staged accidents to claims management companes. The insurance companies themselves do it, that is sell accident details onto their own claims management companies.

 

My own subjective notion will be, the insurance industry has been hit hard by claims as to the recent flood damage, they have to make their money back some how, who better than the poor motorist who has no choice as he has to have insurance cover. But the insurance industry will never admit to that

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Car insurance really needs some quick regulation ! Day light Robbery as you must have it to drive. Not like you have a choice. I'm sure there was a price fixing investigation a while ago also. As prices were all very similar.

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Must admit I have found my car insurance changes very little each year, I get my renewal notice shop around and renew at basically the same price, it may be my area but it works for me. But there is obviously something wrong when people as the OP gets a quote of £3400 for a punto and I pay £225 for a much larger engine car. It isn't proportionate.

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