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    • Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
    • well in every other thread advocate or not evri always send a cpr27.9 because they never turn up. I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not. I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)
    • OK, thanks.  Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍
    • Thanks FTMDave.  VCS's WS was from Jake Burgess.  I will draft my WS and share with copies of court order, and VCS's exhibits asap.  I'm away tomorrow so more likely Friday.  Thanks again for the advice   
    • Thanks. Time to move on this. 1.  You need to tweak the magnificent WS that dx suggested.  Adapt it to your case.  It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2.  We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3.  Who wrote their WS?  Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4.  We need to see a good chunk of VCS's exhibits.  I don't get why we have to keep asking you for things rather than them being volunteered.  Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing?  All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5.  You've never shown us the court order which fixes the hearing date.  It should be obvious we need to see what the court has ordered.  This is the second time we've asked. 6.  VCS were using Elms Legal.  Are Elms Legal still involved? 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Non receipt from ebay


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Hello, I usually hang around on the rental section, but Mrs Carpet cleaner is having and ebay problem, it is this..

 

She bought 2 jewellery rings from a seller based in UK,

she duly received a small parcel and it only had 1 ring in it,

as this was a few days early from the expected delivery date she waited before getting in touch.

 

On the expected delivery day she got in touch with the seller,

and said that she had received 1 ring,

but the parcel had nothing else in it except for a small plastic bag (empty)

and that the parcel had not been ripped or opened.

 

She promptly received a message back telling her that she must have dropped the ring and to look properly...

Also that they have CCTV and record all packing of envelopes and can prove that the parcel was complete (utter bullpoo I think) ....

 

Now Mrs carpet cleaner is not stupid, she knows what arrived... and wrote back and told them so..

 

they then threatened her that Royal mail take a dim view of people accusing them of losing items in the post.

 

Mrs CC then reported the item as not received and has to wait 8 days before going any further with it..

 

BUT

 

today we received a letter to be signed for from our usually jolly postie...

A bit sticker on the front in bold print states:

Signature required

Mrs CC (full name given here) is claiming that items were stolen from her post in December....

 

What the hell can we do about all this??

 

Cheers, sorry it is a bit long winded...

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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dont accept this,

you know and we know the sender has not sent 2 rings.

 

What you need to do is open 2 disputes in ebay for the 2 items.

that way they cannot use the same tracking number for both.

 

If you have a senders address then you can let them know that you will use all avenues open to you to recover your money.

 

also, leave negative feedback for both items and state that they werent sent

Dont worry about this being half true

you are after getting a resolution to your problerm not caring about her feedback.

 

Also be careful with the wording of the feedback,

dont mention disputes,

ebay or anything like that,

 

just a simple

"goods not received because not sent, seller refused to refund for missing items"

anything they say in response will only damage them, not you.

 

also call her bluff regarding her recording of packing.

Not that it shows a true audit trail.

 

I can film me wrapping a parcel but then decide to take it into another room and unwrap it and remove contents.

 

the film would show the wrapping but that is not actually audited as it fails to track it from packing to delivery

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Thank you Erics brother, unfortunately Mrs CC being a nice and trusting person has already left positive for the ring she received, and now as the item is in dispute the facility to leave feedback is missing .

The letter sent today was the companies own form asking Mrs CC to instigate an investigation into Royal mail....

 

So Mrs CC wrote back to them earlier and said that she is not accusing the Royal mail, and the reply a few minutes ago was,

 

"well we have proof that we sent it, so you or the Royal mail have taken it"... so she has now asked for the "proof"

 

The feeback left by others confirm that this happen regularly and they bully people with the Royal mail investigation threat to make them stop...

 

We are not going to stop until we have the ring or the money back.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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The sender refuses to send the proof due to data protection, and says that the receipt of the parcel is proof that they have done their part and are now doing nothing else....

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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what garbage,

open a dispute in ebay rather than correspond with the seller

You can edit or remove feedback.

 

Have you got her address?

I would be writing to her saying that you are going to take the matter further.

 

also,

does she have any other items for sale?

If so you could bid on all of them and then leave negative feedback.

 

This will get removed but at least for a short while others may well twig what is going on.

Use a bidding engie rather than leaving early bids.

 

You will need to sign up to a proxy bidding organisation but that is free and simple,

leave bids of say 1 million so you win the lot.

 

Composing the negative feedback will be the interesting part,

something like paid cash as demanded but no goods sent will be apt

then you can raise a dispute in ebay about this as well.

ultimately it will all be removed by ebay but as said it will put her on their radar

 

please note,

this is what I would possibly do and do not read it as an instruction or incitement to breach ebays rules.

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please note, this is what I would possibly do and do not read it as an instruction or incitement to breach ebays rules.

 

:lol:

 

If there was a like button it would now be pressed

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Just as an update and conclusion to this..

 

Mrs CC entered a dispute with ebay and was sent the bog standard reply about having to wait 8 days yada yada, and she wrote to the sender and told her she had escalated it, within 1 hour ebay sent her a dispute resolved notice saying that tough luck no refund would be offered and no replacement sent.......

 

To say I was fuming might be and understatement, so she sent an appeal to the judgement asking them to look at her feedback and then look at the feedback of the seller, within 20 minutes the money was back in paypal.

 

The negative feedback was also removed......

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Ah yes, but she had already left the positive feedback for the one ring that had arrived, bit hard to leave positive and then claim non receipt...

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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What can I say? an expensive lesson. Never leave feedback until every part of the transaction is complete so if you bought an electrical item for example you run the thing at load for a good while before you decide it works, not just switch it on and look at the lights.

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