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By DeeRainbow · Posted
Good morning, I am back here as I have my court hearing on the 16/1/24 and wanted to prepare myself. I have started to read through the cases here where people in similar situations have gone to court and the recently added court transcript. I will continue to read about third party rights. Is there anything else you feel would help. Many thanks -
By BankFodder · Posted
Okay. Thanks for this. If you redact documents in future, please could you be a bit more delicate about it so that we have a more careful idea about what is missing and we don't get the impression that may be something important is covered up. You will get your money back – but it's important that you realise now that you are in control. Read the stories. Read the advice that we give in the pinned treads at the top of the sub- forum. Ask us questions. The mediation process really doesn't involve much law. It really is just about stating your position and that making it clear that you won't back down and you were prepared to go to court. There is no reason why you should give up a single penny. I can appreciate that it is heartbreaking. There will be thousands of people this Christmas season who have parcels disappearing either through carelessness by EVRi or by theft committed by their own staff and people will be heartbroken. Despite that, EVRi will continue to try and defy people's legitimate claims. They run an insurance system which is unenforceable under section 57 of the consumer rights act. This is not a real insurance in that there is not a commercial insurance where it is simply just money in their pockets. My estimate is that EVRi themselves are earning several billions of pounds per year of unearned and undeserved money and the parcel delivery industry as a whole is probably earning £10 billion per year in exactly the same way. This is why they are so greedy about it and this is why they are so enthusiastic about not giving up a single inch. And of course it is the consumer who pays the bill. And this is billions of pounds every year which is removed from the UK economy. -
Thank you so much, the first line just contained my home address, hence why I redacted that section in the second page. The claim form starts from point 3.15, I've posted everything honestly, it's my first time dealing with matters like this (and I hope to never do this again in the future) and I've stumbled - so I suppose I just felt really overwhelmed and treated unjustly about the situation after seeing their defence statement. I had saved up so much money to buy this jacket for autumn, and was so excited to own it, it wasn't the right size so I wanted to return it, get my refund and purchase it again in the right size, and it's just led to this whole mess by EVRI. I didn't even receive the £23 compensation, I checked my bank account again yesterday and still don't see it, so they are wrong in that matter. I'm going to draft up my mediation open statement and post it here, it's booked for the 11th -
By BankFodder · Posted
I hope you are feeling a little less depressed and dejected this morning. He managed to get this started on your own and many people don't get that far. It's pretty clear from your claim form the although it's a bit strange, that you've done some reading here before you sent it off. It might have been helpful if you'd posted up first but anyway it's okay and it's good enough to have warranted a full defence from EVRi. You've redacted the first one or two paragraphs are your claim form. I'm not sure why and it will be helpful if you could post the whole thing with minimal reduction – simply to remove your identifiers. You don't need to redact anything else. Don't worry about it – as long as we are honest and straight dealing, you can be comfortable about posting anything you want. You can be certain that EVRi is watching this thread already and they know exactly who you are and what you are doing and the claim that is coming. Once again, we don't engage in secret squirrel stuff. We are upfront and squeakyclean. EVRi knows this and this is something they have to deal with please can you post the claim form again – minimal redactions. That will be helpful to us. You are mediation coming up. One of the things you must do is to start feeling confident and don't start acting depressed or dejected. You have the whip hand. You can control this. EVRi are in the wrong. They know they are in the wrong and they are simply trying to raise obstacles to discourage other people. You will probably find that the person on the other end of the mediation is George Wood who is simply doing his masters bidding. Don't give any ground. Eventually you might give up some interest that you will get the money. If the mediation fails then simply walk away and we will help you in court and you will definitely win. Of course you're going to give ground on the double claim fee That was a mistake and you should refer to it immediately at the beginning of the mediation so that you can demonstrate that you are not trying to money grab. You are simply trying to get what you paid for which was the successful delivery of an item by EVRi. You paid 100% – you get 100% return. It's easy. Even George Wood would understand. -
I think she still has the original court paperwork we were all.up to date with, just waiting for her to get to someone who can scan the papers properly!!
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
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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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
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BankFodder posted a topic in Postal and Delivery Services,
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