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By BankFodder · Posted
Please check back later on today for a fuller response and some edits -
Good morning all, No further communication with P2G so now submitting my small claims action. Would be grateful for any feedback on my description of claim before I submit later. The defendant in this case is Parcel2Go Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper containing two handmade bespoke wedding trays to a customer with tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel. The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer. Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted. I was informed that the parcel was being returned to me but after waiting three weeks was informed by Evri that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015. The claimant therefore seeks £370 in respect to the value of goods plus court costs. I thought it might be better to use the CRA rather than the Supply of Goods and Services Act as we are sole traders - is this correct? -
No new development, I'm afraid. The last update I received was a letter from the court, advising that the case had been transferred to Croydon County Court. -
Read how your orgnisation can make opportunities and employment more accessible for disadvantaged young people.View the full article -
Hi, I am aware there’s been few threads about this already but just wanted to confirm information on my case. I was with Village gym last year(2023) on initial 6 month usual contract they do, I lost my job and due to that I couldn’t afford to pay for gym nor I had any motivation to go to gym at that time so they sent me arc phone message in September 2023 that I owed them £140 so I paid them back on instalments in 2 months time. Then I started receiving new years deals in December 2023 and I decided to give them a call but they never mentioned anything about 6 month contract or anything, only that it would be monthly rolling contract and I paid them for 2 months and then I realised both months they charged me £59 instead of £38 they offered me on the phone when I mentioned that I am still student, even though before I was paying £43 a month in mid 2023. I spoke to gym entrance lady and she said I should give a call to gym on the phone number so I did and whoever answered said they’ll pass my info to manager and he will give me a call back in 24 hours, of course no one called me back so I called again and they said same thing. And of course once again no one got in touch with me so I got tired of them charging me more than they should and decided to cancel my direct debit and stopped going there as I got new job with rotation shifts which is not good for me as I cannot visit gym after I finish at 10pm every second week. And now in April I received arc message saying this : Also they have my old flat address where I used to live. What is the best thing to do for me please? Thank you!
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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