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    • ACI are part of the Perch Capital group along with TM legal.  
    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
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    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • 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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ebay seller gets it right.


silverfox1961
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I know. The title says an EBay seller gets it right which in some cases can be a rarity however, a recent experience has left me extremely impressed.

 

Now, I am no fashion victim so I don't care what I buy so long as it works. In this case, a smart phone.

 

I bought a Chinese knock off called a Timmy M7 but after a month the internal speaker went wrong(I couldn't here callers although they could hear me)

 

I started the returns process through Ebay and the next day got a message offering me a refund of £15 to get the phone repaired. They also asked me to close the returns process as it 'affected their standing with Ebay'?

 

I replied stating that I wouldn't close the process whilst the case was ongoing and to supply me with a returns label or an agreement to repay me my postage costs.

 

The next message I got left me gobsmacked. They said they would send me out a new phone and I didn't need to return the old one so long as I closed the returns process which I agreed to on condition that they fulfil their promise.

 

Yesterday, a brand new phone turned up.

 

I couldn't be more happy with this seller. Sometimes things do go right.

 

 

The only thing I would say to Ebay sellers from China. Stop pretending you are English. You may have a warehouse in England but the format of the letters and the time difference between replies suggests posts are sent to China and I haven't yet heard of a Chines person with the name Malcolm :razz:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Far more buyers are sċammers than sellers. Sellers only have to mess up a couple of times before the account is closed in many cases.

 

I sell items where postage has to be standard 1st / 2nd class to keep costs down. I get so many people sending me a message demanding a refund saying their item hasn't turned up. They don't wait a week later, they do it around the same day or the day after that it should have arrived. They always demand a refund saying that they went and bought the item from the shop instead. They will often avoid opening a case as they will be locked after opening too many, but they threaten to.

 

I can't prove it, so I have to refund. Buyers get away with this so much.

 

 

That said, I did once buy a 2.4ghz TV sender to watch sky in another room, the quality was crap, I complained and they sent me another 5.4Ghz version worth £50 for free.

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I've had this - the chinese seller just sending a replacement.

 

It's probably because it costs more to ship and than does to make (believe it or not). They can send a new replacement and still make a profit, for less than it costs to ship the faulty one back to China.

 

The wholesale cost for a generic android phone in China is probably less than a fiver.

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