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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.

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      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.

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      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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RBS, outstanding personal loan balance of deceased family member


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A family member recently passed away suddenly with an outstanding balance on their personal loan a/c of £2,000, £400 in their current a/c and £500 in their savings account

 

DWP have contacted me to inform of an overpayment of pension credit of £200 which of course must be repaid

 

Next of kin has been in touch with RBS bereavement service, whom claim they can take the £900 in the deceased's RBS a/c's against the outstanding balance of the loan

 

1. Is this true?

2. What happens to the remaining balance of the loan?

3. Should we inform RBS of the DWP overpayment? &

4. Can the DWP overpayment be taken from the £900 in credit?

 

Advice appreciated

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Honeybee13, thanks for your prompt reply

 

Yes, the loan is in the sole name of the deceased. A memorial fund has been setup to cover funeral expenses. I have looked and there does not appear to be PPI on the loan

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A family member recently passed away suddenly with an outstanding balance on their personal loan a/c of £2,000, £400 in their current a/c and £500 in their savings account

 

DWP have contacted me to inform of an overpayment of pension credit of £200 which of course must be repaid

 

Next of kin has been in touch with RBS bereavement service, whom claim they can take the £900 in the deceased's RBS a/c's against the outstanding balance of the loan

 

1. Is this true? Yes its known as offsetting when the accounts are connected with the same banking group...but they must inform you and ask if you have alternative means

2. What happens to the remaining balance of the loan? The bank will have to write it off if there is nothing left in the estate.

3. Should we inform RBS of the DWP overpayment? & Not yet just pay it fast before they grab theirs

4. Can the DWP overpayment be taken from the £900 in credit? Yes ...you can do it by switch if you have the facility and the account is still open.

 

Advice appreciated

 

Regards

 

Andy

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Many thanks Andy/Honeybee,

 

I suspected as much that RBS can take the money. Difficulty is, next of kin has not yet been granted control of the bank a/c's so we cannot touch any of the money

 

My thoughts are to inform RBS of the DWP overpayment and instruct them to make the refund, or at least freeze that money until next of kin has control of the a/c's

 

Suggestions welcome

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Thats why it always pays to inform the bank last..then the executor have access to funds until probate is agreed.

 

I dont think DWP can reverse...they will require a payment.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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