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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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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.

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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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bbc iplayer'loophole' to be closed


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how about the beeb going something like the 'public service' channel 4, getting its revenue from advertising etc only, but with a public (statutory) remit?

(the beeb already gets some revenue from advertising eg worldservice which it reinvests?)

 

maybe there is some merit in the proposals. it cld be seen a bit unfair that progs etc paid for by licence payers are available to all (albeit not 'live'). what do you think?

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You pay for extremely worthwhile (far more so than the BBC in my opinion) viewing.

... But ignore that one if you wish and look at all the other pay to view TV/streaming sites including the others mentioned

- there are very very many, most of them with nothing like the BBC budget or government backing that the BBC has (ie search warrants specifically included in law).

Or are you unaware of them? I mentioned a few of the larger ones.

Even making the BBC subscription like some porno channels wouldm't be hard (sic) or expensive. A dirt cheap little box or TV slot plugin.

What about all the scrambled channels from satellite systems?

Its dead easy and very cheap (relatively) to implement.

The BBC don't want it of course because very few would likely pay - the BBC would be bankrupt in a month.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Here you go then Conniff

http://bbcstreams.com/donate

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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I most definitely wouldn't have any of my money going abroad. They have had enough over the centuries and not a single thing has been done with that money to help the people, so sod that.

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Really?

What make is the TV you watch the BBC on then?

or the laptop/phone/tablet you use to access here?

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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I am confused how they will enforce it

 

So will you need to register to watch Iplayer and if so whats to stop me registering using the details of someone who has a licence ?

Will the wicked witch that is Teresa May include in her snoopers charter the ability for the BBC to demand that ISP's report anyone streaming Iplayer ?

 

What about if someone hijacks your wifi and streams Iplayer -would you then be liable , for example I provided my neighbour with my Wifi access because I have fibre and I am rarely at home so no loss to me ( I pay for unlimited downloads so that when I am at home I can do what i want without any worries and there are many perfectly legal sites that use a lot of data, hell downloading Win 10 is a big file

 

I think this is a case of the Tories acting without thinking -no there's a shock

 

I wonder where the £100Million figure comes from, is that the number of unlicensed homes ?

Any opinion I give is from personal experience .

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Without going into detail - All those issues are the same sort of issues all pay stream services have and have overcome - else they wouldn't be in business, and as i said - they dont have the support of the government that the BBC does.

Sky, VM, netflicks, adult channel, TGC, etc etc etc

From the figures I looked at

Costs for chasing non-payers runs at about £18-20M

Revenue to BBC from the courts is about £13M

and Fines to courts (it is a criminal offense) equates to about £18M

So the courts make from the 'policing' actions

The BBC actually runs at a loss in that area, but given the deterrent value its probably well worth it to them

You are still liable for accesses your neighbour makes via the access you have given him/her, Its part of the terms of your internet access, and would undoubtedly be part of the terms of access to the BBC if it was set up that way.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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  • 4 weeks later...

I wouldn't take too much notice of TV Licencing's own website. Like their bluff letters it is designed to scare the public into submission by misrepresenting their own powers and technical ability. Note, for example, that all information about detection vans is withheld. That's because they don't want you to know that they do not work and certainly cannot be used as the sole evidence for a prosecution.

 

All you need do is not answer the door; if you accidentally do open it, shut it in their face without conversation. They cannot prosecute anyone without gaining entry (or an admission). A search warrant will not be granted without reasonable evidence of an offence, which they cannot obtain without entry so they're stuffed. Simply not having a licence is not regarded by the courts as reasonable evidence to grant a search warrant.

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If they make every adult pay the for the BBC,

Then everybody can pay my water tax, council tax, and car insurance for starters.

 

Everybody needs water

Everybody uses something paid for by the council tax

... and anyone can watch me driving my car on the public roads

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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From the Telegraph..

 

Viewers of other catch-up services, such as 4oD and ITV Player, will not be required to purchase a TV Licence as long as they don't watch or record live TV, the Department for Culture, Media and Sport confirmed to Telegraph Money today.

Martin Lewis, founder of MoneySavingExpert.com, said: "This is the first time that there has been a differentiation between the BBC and other networks. We’ve seen a massive move towards people watching TV online only, to avoid the subscription fee.

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Unlikely BBC will ever prevent the iplayer from being free. It lost the new generation long ago. I'm not young but even I use youtube for most of my 'TV'. Most BBC stuff is recycled rubbish that wasn't ever any good. You can bet somewhere on youtube you can find a lot of decent stuff. A lot of stuff gets taken down due to copyright, but it's often put back up again under disguised names. BBC knows it's basically reliant on Brits charity to pay the fee out of tradition & in many cases young peoples ignorance. Put any more pressure on the already tightly squeezed & BBC know its days will be numbered all the sooner.

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BBC will have to go down the advertisement route, same as any commercial company. There are too many ways for people to access TV and i don't think a subscription service would work.

 

If the government want to continue the public funding of the BBC, instead of a licence fee collected in the current way, they should look at other options. If they made it compulsory to have a licence to own a TV set or any device that can receive TV progs, that would be one way. They could add a fee to Electricity bills, which one country does at the moment, as a way of collecting. They could fund the BBC out of general taxation with a slight income tax increase and scrap the licence fee. They could apply a different VAT rate on all electrical appliance purchases, which goes towards subsidising broadcasting, as well as paying towards recycling costs of electrical products which are sent by household to refuse sites.

 

My bet is that within 10 years the current licence fee won't exist and there will be a different funding model for broadcasting.

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If the government want to continue the public funding of the BBC,

 

The real question is do the public want to keep funding a self-serving, high management wage paying, pedophile protecting change resisting organisation, for a handful of quality programs and a huge raft of crap.

(+ send money into the coffers of the license fee collecting bully-boys)

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

Without going into detail - All those issues are the same sort of issues all pay stream services have and have overcome

All it takes with Netflix is a login and password with one subscription often shared by family members in different households. Isn't this exactly the opposite to what a TV licence entitles you to do?

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  • 1 month later...

Looks like an interim move to me to get people used to real change in the BBC

I think the half time review will be interesting, lts 'result is almost certainly known already, especially if the Tories get in again (never underestimate the foibles of the voting masses, or the marksman like foot shooting abilities of Labour).

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Well then we have this >> https://en.wikipedia.org/wiki/BBC_America

 

 

So what happens if you watch TV through a 3rd party provider (SKY VIRGIN and the like?) Do you need a license then? A 3rd party like FILMON which is free and it shows live TV but this is delayed because it has to go through several online servers? What are the rules about this?

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Why not allow BBC to have some advertising slots during peak time programmes ? Given the audience numbers, i suspect adverts near to programmes like Eastenders would come at a premium.

 

Also why not allow BBC to include adverts on i-player programmes ?

 

Given that experts are saying that most TV stations will move to becoming computer apps within 10 years, it might make TV licencing a bit difficult to maintain. It is envitable that the BBC will have to move to a finance model that includes a lot more advertising.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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as well as the licence fee?

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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