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    • new subheading under paragraph 25 – The defendant is fully aware of third party beneficiaries new paragraph 26 Any denial by the defendant that they are unaware of the existence of third party beneficiaries to their contract with Packlink would be quite untrue. The defendant routinely sends out notifications to parcel recipients informing them the parcel which they are carrying on behalf of the broker is about to be delivered. Please find examples at – bundle X X X, X X X 26. 1) In the absence of any explanation the defendant’s denial should be disregarded.  but in any event,   If you have a look at the pinned thread at the top of this sub- forum relating to third-party rights, you will find several examples of notifications which have been sent by EVRi to the recipients of parcels warning them that their parcel which is being carried on behalf of QVC, Packlink – et cetera is due to be delivered. I suggest that you use a couple of these as examples of how EVRi is completely aware that there are third-party beneficiaries involved. If EVRi tried to say – "yes, we knew that there was a recipient that we had no idea that there was a sender…" Well, could they really be that stupid? I suggest you incorporate that, make the tweaks which have been suggested by @jk2054 and that's it. That would probably be the final version. You've worked hard on it – but hopefully the constant repetition will mean that you are absolutely fluent if it actually goes to court. EVRi are watching this of course and I don't really expect they are looking forward to having a judgement on this against them so I can imagine that they might reach out to you before the trial and make an offer. Have you paid the hearing fee yet? I don't think you have. I can imagine that they are waiting to see if you pay the hearing fee so they know that you are serious. Of course is not guaranteed but I would expect that they will try to prevent this going to trial. You should hold out for every penny. And if they want to make an offer to you under conditions of confidentiality then you should refuse. Confidentiality is not part of the claim. That something extra. If they try to impose a condition of confidentiality then you should tell them that this would cost them extra. I would say thousand pounds is probably cheap for the trouble that a judgement against them will cause them. Keep us updated of any approaches by EVRi – either on the forum – or by email if you prefer to admin email address. Let's see your final version
    • Hello I’m also going through the same at the moment for £300. Icon went quiet for a month or so but just received another text this morning to say “Notice of likely CCJ/Enforcement due to non-payment”. I’m still ignoring as per all of the threads on this but every time I get a text I still like to have a read up just to check advice hasn’t changed so good to read this thread! Thanks
    • They have now closed the account.
    • Here are two more notifications from EVRi to the recipients of parcels that their parcel deliveries are underway and will be arriving soon. One is a parcel which was organised by QVC. Evri - QVC.pdf The second one is a parcel which was organised by Packlink.   Evri - Packlink.pdf It is clear that EVRi are fully aware that there is a third party beneficiary – the recipient. It would be extraordinary if they try to say that yes, they were aware that the recipient was a beneficiary of the contract but they were completely unaware that there was a third party sender.
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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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Virgin Media renege on verbal agreement !!!


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Hey guys cutting this very short for you. I was out of contract and decided to go to Sky unless i could negotiate a deal with VM. So i rang them up and everything they offered as an existing customer was way higher than Sky so i said i would think about it.

 

I was ready to go with Sky so rang VM to disconnect. Talking with them i managed to wangle an excellent deal!! They matched the top bundle with an exchange vbox for 500gb tivo in other room for £89.73 see link below.I said that i should get a good deal similar to this as i was out of contract and they would lose me as a customer otherwise so I jumped at it and confirmed price and 12 month contract twice. ( i was stung years back. )

 

 

I got an email saying my bill was £153 + so today i ring to complain and get told that £153 was the price end of! Then after much explaining and to and fro they mysteriously found what i had told them but the 2nd tivo cost extra plus it was a 9 month contract?!?!?! I complained and they sent it to a manager who said take it or leave it. I then said i want the recording of the initial deal and they said it would take 40 days and it would be hit or miss if they even recorded it. They also said i had 4 days cool down period left which they refused to extend until i got the recording PLUS they kept insisting that i was told it was extra etc etc and that i agreed to a 9 month contract not a 12. So i said OK take the lot out!!! As you will see by the link that the VIP pack which i was given says 12 months contract.

 

http://www.virginmedia.com/shop/bundles/vip.html

OK, then i was put through to disconnect and i told my story and hey presto i could have the bundle including the extra tivo box but only for 9 months then it would go up BUT if i ring shortly before the 9 month period i will then be offered a new or extended contract virtually the same as i have at near the same price ...... i was told that they do it all the time? I managed tom record this conversation lol.

 

 

The deal i got was excellent but i am adamant that i only agreed for 12 months and got verbal confirmation twice! No way would i agree to something that would end up twice as expensive for 3 months!! Is there anything i can do to get them to stick to their deal? Yes i know i can renew etc and even with a recording what happens if they have made a note and then shaft me at 9 months and not allow me to renegotiate the same package for the same price??

 

Can i get them to enforce the initial verbal agreement (sadly never thought to record that)? I have lost out too because i was getting a free 43" 4K tv with sky but is out of offer now :

 

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My advice is to run away from VM as fast and far as you can.

With all this confusion they will drain your bank account, believe me.

 

And you can reclaim it all and go after VM for recompense. Providing the OP is up for a fight.

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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Kick them into touch, NOW, whilst you can.

 

You will get nowhere arguing with them, they ignore their customers complaints, and will pass you from pillar to post in order to deliberately confuse you.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Good luck proving something that was said in a telephone call not recorded.

 

Virgin record all calls, even if they try and say that they didnt.

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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