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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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    • 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.

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      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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Cirque Du Soleil double booked seats ruined show **WON CHARGEBACK**


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It was with some annoyance that I discovered that Cirque Du Soleil's head office is in Luxembourg.

 

After having our show (Amaluna at Royal Albert Hall) ruined by double-booking of my seats at Valentine's Day (of all days - myself and my date were appalled) I have decided to go after them for a full refund of the £150 I paid under the Goods and Services Act 1982. We basically missed the first 15-20 minutes due to their bungling of our tickets and jilting us into inferior side seats.

 

I emailed them at their 'customer services' email (info@ ....) and have not had a reply. Like as if that's an actual customer service email address. there is no other contact for customer services. Another sneaky way to get out of dealing with annoyed customers.

 

Mainly it's the principle. They think they can go and create some dummy office in Luxembourg and try and sneak people out of their consumer rights here in the UK, well they can think again.

 

I have never claimed refunds from businesses based outside the UK but I imagine the process is similar, send letter asking for refund...wait 3 weeks, send final warning (however on this occasion I have already emailed them so they don't get another warning)....apply for European Payment Order....send bailiffs into the London venue if they do not pay with possible shut down of show due to health and safety because the bailiff took the show props and show equipment to recover costs.

 

Anyway, I have written them a letter as of today which will be posted to their Luxembourg address:

16 Avenue Pasteur

L-2310 Luxembourg

Grand Duchy of Luxembourg

 

I will give them 3 weeks from today before making my application for a European Payment Order and then possibly get to send the bailiffs in to Royal Albert Hall.

 

Does this sound reasonable?! :mad2:

BANKING

Halifax - £428.43 - successful claim

Halifax PPI - £380 - successful claim

NatWest - £2853 - Successful Claim

Barclaycard - £663 - Successful Claim

Barclaycard PPI - £360 - Successful Claim

 

RETAIL

Lastminute.com - £190 - Successful Claim

Benson For Beds - £49 - Successful Claim

Santander - £420 - Successful claim to have iMac repaired under Section 75 Consumer Credit Act (Retailer went bust)

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How did you pay for the tickets

If by card chargenack may work

 

I paid on a VISA debit card.

Please explain.

Thanks

BANKING

Halifax - £428.43 - successful claim

Halifax PPI - £380 - successful claim

NatWest - £2853 - Successful Claim

Barclaycard - £663 - Successful Claim

Barclaycard PPI - £360 - Successful Claim

 

RETAIL

Lastminute.com - £190 - Successful Claim

Benson For Beds - £49 - Successful Claim

Santander - £420 - Successful claim to have iMac repaired under Section 75 Consumer Credit Act (Retailer went bust)

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There is a link for that chargeback information.. I have just asked someone if they can point you in the right direction.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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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Was Cirque Du Soleil the actual ticket seller ?

 

Yes. I will call the bank and see if they can arrange a chargeback on my tickets.

Thanks - will post the update later

B

BANKING

Halifax - £428.43 - successful claim

Halifax PPI - £380 - successful claim

NatWest - £2853 - Successful Claim

Barclaycard - £663 - Successful Claim

Barclaycard PPI - £360 - Successful Claim

 

RETAIL

Lastminute.com - £190 - Successful Claim

Benson For Beds - £49 - Successful Claim

Santander - £420 - Successful claim to have iMac repaired under Section 75 Consumer Credit Act (Retailer went bust)

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Share on other sites

  • 2 weeks later...

GREAT NEWS - the bank have refunded me the show tickets in full.

 

They took around 5 working days after I sent them an email last Monday.

 

What a relief and thanks to everyone for the advice - it worked!

 

:-)

BANKING

Halifax - £428.43 - successful claim

Halifax PPI - £380 - successful claim

NatWest - £2853 - Successful Claim

Barclaycard - £663 - Successful Claim

Barclaycard PPI - £360 - Successful Claim

 

RETAIL

Lastminute.com - £190 - Successful Claim

Benson For Beds - £49 - Successful Claim

Santander - £420 - Successful claim to have iMac repaired under Section 75 Consumer Credit Act (Retailer went bust)

Link to post
Share on other sites

Excellent news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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