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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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.
      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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@ParcelHero Unreliability from Parcel Hero


BankFodder
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Parcel Hero is generally a very decent company. However, when they get it wrong they get it wrong big time.

 

I'm still waiting for a parcel containing various items which I ordered from a company in London. Because of the Christmas rush I paid extra for the courier service. In fact instead of paying about £16, I paid over £40. It should have been delivered next day.

 

Starting off in the UK, my goods were sent to Germany - then to France then back to Germany then back to France. Now they are in France - with no tracking information as to when they might eventually get to me. I have been hanging around for three days - and looks like a 4th is coming up.

 

My queries were being handled by a very nice sounding guy called Richard Mileham - Then I got this reply from a guy called Tej Thanjal

 

________________________________________

Type your response ABOVE THIS LINE to reply

 

Subject: Shipment Query : 1Z7E524X0444594798

________________________________________

DEC 18, 2014 | 02:08PM GMT

Tej Thanjal replied:

 

Hi there

 

We have been advised by the carrier UPS your shipment is out for delivery today.

 

Unfortunately there was a delay on your shipment, and I do wish to apologize for the inconvenience caused .

 

Kind regards

Tej Thanjal

 

Then when it still didn't arrive and I said that I would want my money back, Tej wrote back:-

 

Unfortunately as our contract is not with you but the sender of the parcel, we are not in a position to offer you a a refund I am afraid.

 

Kind regards

Tej Thanjal

 

What a small minded quibbling little reply. Does this seriously represent the customer-facing attitude of Parcel Hero?

 

 

I replied:-

In that case you had better look at this UK Act of Parliament - http://www.legislation.gov.uk/ukpga/1999/31/contents which gives me as the third party and the beneficiary of the contract the right to sue you for breach of contract – which I can do easily in the County Court as a small claim.

 

I’m very sorry to find that your first position is to quibble when clearly you haven’t done what was promised under the contract – and you still haven’t.

and I'm now waiting for a response

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Here is a warning to people.

This - "our contract is not with you" quibble, is a trick which is used by companies which do not want to step up to their proper responsibilities. This excuse is used by poorly trained sales staff who think that they are doing a good job for their companies - but in fact they are not. This "get-out" phrase is used commonly by holiday companies, restaurants and of course courier and delivery companies. The fact is that the Contracts (Rights of Third Parties) Act 1999 put and end to this sort of nastiness about 15 years ago. Unfortunately, most ordinary consumers don't know about it and they get bullied by companies which should know better into accepting poor quality service without any redress.

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People should also complain to the companies that use these couriers - hopefully sufficient disgruntled customers will ensure that companies will either put pressure on the courier to up their game, or will change courier company.

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Hi Bankfodder,

 

I'm very sorry for any stress and frustration which has been caused.

 

I've picked this up with the customer service team here and they should have emailed both parties involved with a resolution.

 

If you have any other issues or queries please feel free to reply to this thread or email the service team directly.

 

Kind Regards

 

Tim

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Hi Bankfodder,

 

I'm very sorry for any stress and frustration which has been caused.

 

I've picked this up with the customer service team here and they should have emailed both parties involved with a resolution.

 

If you have any other issues or queries please feel free to reply to this thread or email the service team directly.

 

Kind Regards

 

Tim

 

Thank you for this. Very much appreciated. However, I see that the business has received an email from you refusing a refund on the basis that he could have insured the delivery cost but he decided not to do so. Is this your answer?

 

I certainly have not been emailed with any resolution, so maybe your correct procedures are not being followed.

 

I'd like to point out that that if this is your position, it would be unlawful as it is contrary to the Unfair Terms in Consumer Contracts Regs. 1999 as updated - specifically sch.2 1(b)

(b)inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

 

http://www.legislation.gov.uk/uksi/1999/2083/schedule/2/made

 

It is not possible that one pays someone to carry out a service and then has to insure against the service not being carried out.

 

I have only asked for a refund of my delivery fee - not compensation for the frustrating waste of 3 days waiting. I think that I am being pretty modest in my request.

If this went to a small claim I would add a figure for the delay as well.

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In fact - correction. My bad. UTCCR applies only to consumer contracts. However as a matter of law, you cannot charge someone for a contractual service and then tell them that they have to be insured in order to be reimbursed if the service is not carried out.

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Forgot to say that the item arrived last night. 9.00 pm.

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  • 1 month later...

In fact Parcel Hero have now refunded me the entire cost of the delivery.

A shame that they had to turn it into such a saga.

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