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    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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Sainsburys Bank Visa Card - think l have paid them in full - almost


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Hi,

 

Just a quick query to see what people think.

 

In 2004 l had a Sainsburys Bank visa debt that was at about £6400. In April that year l asked for a repayment plan as l was in difficulty.

 

It took them until Sept to sort it out and by then the account was showing at £8,300.

 

So in 5 months they had added over £1900 to the account.

 

Looking back l can see that l probably owe them about £7,100 in terms of interest and charges.

 

To date l have paid the. £6,950.

 

I have written to them stating the above, and putting in the rationale behind my reasoning. I have offered two further payments to take it up to what l think l owe. I await a response.

 

I just wondered what people thought, l just want rid of it, would l be justified in stopping payments after these last two payments.

 

Cups

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Claim back the charges. You won't get the money but it will reduce the debt. Don't be surprised if they get a bit miffed and close the account though

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

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Hi,

The account has been closed for years, l have just been blindly paying them for 11 years. I am giving them what they are entitled to, just think the extra £1300 is a p **** take.

Thanks,

Cups

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Have you ever sent a CCA request?

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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Def send a cca request , for bargaining if they argue

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi

 

You are right to point out the charges (but not the interest) as being reclaimable.

 

I suggest you start down this path now.

 

As well as the CCA mentioned above (As before 2007 if they do not have the original its harder to enforce but a letter acknowledging the debt may work against you) you will want to do a FULL SUBJECT ACCESS REQUEST, please feel free to adabt one of our templates form the CAG librabry

 

This should give you access to the data of what was charged and when (But may be limited ot the last 6 years data)

 

Once you have that you can prepare a claim of those charges plus INTEREST IN RESTITUTION maybe 26.9 -29.9 % APR on those charges.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft is a good thread of many to have a read of

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thanks, sent off a CCA, l have added up the interest for the months they mucked me about and the late payment charges, albeit at the inflated charge but that still means l have given them £700 over those few months but they want £ 1900 so l do not feel bad, in effect l owe them about another £140 and then l am all paid up.

 

I am conscience free on this matter, l have never missed a payment and jumped through hoops, l am going to make those two payments and then stop paying.

 

Thanks for all the advice, will update once l have a response,

 

Cups

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  • 1 month later...

Hi,

 

Had a letter the other day, after all this time they are still looking into my complaint, no mention or acknowledgement of CCA request, will make my last payment in January and then tell them to prove the rest of it because they have had more than enough from me.

 

Pity they cannot be reasonable.

 

Cups

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Easy answer. STOP PAYING.

 

You are being a cash cow. They might be morally entitled to the cash, but until they can produce the paperwork, they arent legally entitled to a penny.

 

Also, are sainsburys still collecting, or is it a DCA? because its very strange that sainsburys would agree to a repayment plan for this long and not sell it on.

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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Hi,

Nowt on credit report, CCA not responded to as yet.

I have all the corniest and l know that the extra £1300 is fees and charges, l have worked out what l owed and the interest from those months and in Jan l will have paid it all. I am not going to pay all the charges which have never been accounted for or statemented, so l am not getting away with anything, l have almost paid what l owe.

Cups

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If they havent supplied the CCA then why are you paying anything?

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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But who are you paying

Sainsburys or an outside dca?

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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  • 4 weeks later...
  • 3 weeks later...
  • 4 weeks later...

Hi,

Never had any response to my complaint or request, think they have looked at it as too difficult.

Either way l have paid them in full and cancelled my payments to them, and they haven't made any contact. I am calling it a draw and putting it away.

Cups

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  • 6 months later...

Just to update, Sainsburys did come back and said l still owed them , the matter is now with FOS, since it went to the FOS they have offloaded it three times, latest is Wescot who are trying it on, but l have told them to get lost 😜

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