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    • There must be some legal firm that fancy's  a share of suing eBay ? I can crowdfund once i know who to use.
    • Not sure if this is of help but in terms of the cost of carrying out works there are pricing books which have published rates for carrying out jobs, Spon's Architects' and Builders' Price Book being the most common and recognised.  As these contain consensus rates, they can determine the fair cost for rectification works
    • I know this thread is a few weeks old but it seems to me that just because Shiply only has a service address doesn't mean you can't enforce against them (although it is more difficult). They definitely have a bank account, so you can apply to have the money taken out of that bank account directly by way of a Third Party Debt Order, once you have a judgement against them. I only mention for completeness in case someone reads this thread in future.
    • did the judge in yours even look at that judgement one bit 😭
    • Hi all, Evri have lost a £60 parcel I sent on ebay with a label purchased direct from Packlink (through ebay) without any "insurance". I'm acting as a consumer (non-business) seller but am also legally qualified, albeit currently not practising, and without any significant professional experience of disputes or consumer litigation. I'm therefore on the level of a reasonably-well-informed non-specialist. I see this extremely helpful forum is all about holding Evri to account so I thought I'd post here. I intend to issue a small claims court claim against them in due course. My initial query is do Evri have a working email address so I can serve the letter before action on them (as well as by post)? My other initial thoughts: - When one purchases a shipping label direct from ebay,  you currently see Packlink's terms and conditions but NOT Evri's terms and conditions. Packlink's terms do make reference to the existence of other terms and that you accept those terms, but they are not disclosed. I imagine that Evri will struggle to enforce it's limitation of liability given that these weren't disclosed prior to purchase. When purchasing the label there is a comparison table saying for Evri "Compensation: Up to £25" but without explanation (even in the small print) of what this means. - Packlink's terms also suggest that you are entering into a contract with Evri directly. If accepted, this potentially avoids the need to establish standing under the Contracts (Third Party Rights) Act before suing Evri. - It also seems to me that a negligence claim against Evri may have some merit, and doesn't require establishing any contractual nexus. - Although Packlink's terms say ebay isn't a party to the contract, I'm considering whether they can be brought into the claim somehow.  Finally I appreciate this isn't a particularly cost effective use of my time, however, this is personal and I want to hold Evri to account. I'll keep this updated as I progress! Thanks
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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.
      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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Returning to the UK and CCJs


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Hi, I left the UK in 2007 to live abroad. Whilst away our house was repossessed (Tenants not paying rent - I couldn't afford mortgage) and a CCJ was issued. Two further CCJs were issued, one for non-payment of a credit card and the third from "MAYORS & CITY," which I do not know what it is for. I only know about the CCJs from viewing my credit report - I do not have any paperwork or court documents.

 

After 6 1/2 years I am now planning to return to the UK.

 

The CCJs are dated between Mid '09 to Mid '10.

There are credit agreements in default on my file dated between 2008 and 2009.

 

I understand that the default accounts will "Drop off," the report as they hit 6 yrs and the CCJs will be un-enforceable and leave the report once they hit 6 years old.

 

I haven't had any contact with the creditors or the courts whilst I have been abroad.

 

I am not on the UK electoral role.

 

I plan to rent a property, can I put this under a parent's name as "Furnished," so on paper I do not own any of the property contents? I will not pass a credit check in the UK so can not rent a property in my name anyway.

 

I will also drive a car owned by a parent.

 

I do not plan to attempt any credit applications.

 

Is there anything else that I need to consider to ensure that I remain "Under the radar," on my return to the UK for the next couple of years until the debts are all barred by statute?

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CCJ will not go away after 6 years. It will drop of your file but it will still be there should the person who got it decides to enforce it. They will have to explain to the court why it's took so long but you being out the country is a pretty good reason for the court to enforce it.

 

Debt avoidance is not something this forum is for.

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To add to the above it is very rare for a court to grant enforcement on a ccj over 6 years

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks ashmk, I appreciate that this forum is not for debt avoidance, I left the UK to set up a business, the business was not successful so I could not repay the mortgage in the UK once the tenants stopped paying the rent hence the repossession and CCJ. Due to the difficulties with the business abroad I ended up taking more credit abroad. I can return to the UK and service the debt abroad. I am assuming that you would not advise that I return to the UK and contact all creditors on landing to explain that I have returned to the UK. As when people launch a Ltd liability company, I am trying to set up my new UK life with limited liability. The worst case scenario is that I return to the UK with my possessions, rent a house, buy a car, put the kids into school and 4-6 weeks down the line I get a bailiff at the door relieving me of the car and all contents of my rented property.

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To add to the above it is very rare for a court to grant enforcement on a ccj over 6 years

 

Thanks renegadeimp, as ashmk stated I am guessing that in my case, being out of the country for 6 1/2 years with no forward contact details is a good reason for the court to enforce it.

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pers I'd sit tight and do nowt.

 

 

if you were out of thecountry

you had no opportunity to defend yourself

so that works for you rather than against you.

 

 

I doubt you'll hear anymore about them.

 

 

when they drop off the cra file

will give you a good indication.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't think you can do anything

to really hide.

 

it will come out

 

but its who got the CCJ's and their value is the more important info

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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