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    • ACI are part of the Perch Capital group along with TM legal.  
    • Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
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    • Same issue got a fine yesterday for parking in suspended bay which was ending at 6:30 yesterday, next thing I see a fine 15 minutes before it. The sign was obstructed 
    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
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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.

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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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EU changes bank account terms for the worse, let the crooks in


TekRebel
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My bank has just sent me an email with upcoming changes to my (and your account) which causes me great concern and wonder if other people have had the same.

 

Basically it says: there will be no payments in/out of my account over the weekend.

 

What really concerns me is they warn of a new financial system where TPP (third party providors) will offer to manage my bank account, they could ask for (that means WILL ask for) my banking login and password details. Of course the bank says, if I do this then it's nothing to do with them if my bank account goes to zero.

 

I would think that new service will trigger a zillion crooks into action - beware!

 

The email says this scheme is forced upon them by the EU (I thought we opted OUT!!)

 

From 13 January 2018 the way regular payments go into and come out of your account(s) over the weekend is going to change, and your available balance may be affected.

 

Here's what you need to know, and ways to help avoid any impact on your weekend finances:

 

Payments into your account at the weekend (like your salary, pension or other regular income)

 

 

Up until 13 January 2018: Any payments due into your account on a Monday are available to you from the Saturday.

 

From 13 January 2018: Any payments due into your account on a Monday will only be available to you from the Monday and not the Saturday as before.

 

Payments out of your account at the weekend (like direct debits and standing orders)

Up until 13 January 2018: Any payments due out of your account on a Monday are taken from your account on the Saturday morning, meaning you've less money to spend over the weekend.

 

From 13 January 2018: Any payments due out of your account on a Monday will leave your account on the Monday, meaning this money will be still available to you over the weekend.

and it gets worse...

 

Changes to Payment Regulations

 

New regulations will come into effect on 13 January 2018 – making sure all European banks process payments in the same way, in an increasingly digital world.

 

Here are the main changes:

 

1. With your permission, third party providers (TPPs) can access your information to provide their services

 

• New digital banking services are entering the market offered by us and TPPs. These will include new ways to pay for things online and tools that help you to view all your accounts with different financial providers in one place. Before giving a TPP permission to access your account information you may wish to check that they're authorised by the Financial Conduct Authority (FCA) to provide their service.

 

• Some TPPs might ask you for your online banking log in details and password to provide their service to you. If you decide to give them this information, this means that they'll be able to see and do anything you can do on your accounts.

 

• If you give TPPs permission to access your accounts and account information, we're not responsible for what they may do.

 

Thanks EU

Edited by TekRebel
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“With your permission”.

Don’t give your permission!.

 

I share concerns about this though.

While it seems appealing to have “one banking app, showing your financial position for all your accounts even if they are with different banks / providers” (and this is one of the intended outcomes, which will need the customer’s permission) ; I won’t be signing up for it.

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I have used certain apps to record my financial position and quite a lot of them have a subscription service so you can download all your statements etc automoatically but its a optional extra . I tghink this is what they are referring to . if you use this system they will accept no liability

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