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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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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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Switched broadband providers and hacked on old email i thought was closed.


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Hi I guess my hope from posting this thread is to find out what, if anything, you would do in my circumstances....

 

I swtiched broadband/phone providers in May 2017.

I realised i would lose my 10 year old email address but was ok with this and went about trying to change all online account details which used the old address before the termination date.

Then largely forgot about the old account.

 

In December this year my airline loyalty account was hacked.

After speaking to the airline they told me that the hacker had entered in my ID number and then used the forgotten password link to have an email sent to reset it.

Once they reset the password they used all 100K airline miles up, spending them on e-vouchers.

 

Even though the airline gave me the voucher numbers, an email account for the provider and told me that they hadnt yet been spent

- the voucher company refused to cancel them and just copied and pasted their terms and conditions everytime i contacted them.

 

The airline said that they had not been hacked

- but my registered email address was the source of the issue.

It was then i realised i had not changed the email address from the old cancelled account on this site.

If ISP had deleted my email address when i left them it wouldnt have been possible.

 

I did call the ISP and they said very sorry but they're not liable for third party losses and that was after 1 month of consulting their legal team.

 

do i write this off as a very expensive lesson?

Or should the ISP have deleted the email account when i left?

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They dont delete emails when you switch.

My broadband is with BT but I still use as a working email my old aol email address.

I would suspect that your only recourse is with the air miles people but I think all they say I your details are not secure and someone knows your log in

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Thread moved to the appropriate forum, please continue to post here to your thread.

 

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Hi my broadband account was with BT,

they say they do disable/delete accounts when you leave,

or if you want to keep the accounts you have to pay to keep them live.

 

They have confirmed that they deleted the email account on the 17th December

- the day i reported the security breach!!

 

The reason someone knew my login ID was that these details are contained on the monthly statements going to the "closed" email address.

They literally only needed to reset the password!

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who was the hacked email with?

edit seen the last post...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so how did they hack the email account?

this smacks of virus infection webmail hacking

not anything to do with deleting things quick enough

 

have a test here

https://haveibeenpwned.com/

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My broadband and email address were with BT. Just got this reply from them.

 

Your email account remained active with our email supplier following your closure of your BT account in May 2017.

All BT email accounts are deactivated on our system 60 days after the broadband account is closed down if an order isn’t placed for premium mail.

 

Although your email account had been deactivated within our database which stopped any access via www bt.com / email there was a backlog in the deletions from the server.

 

Even though your email address was shut within BT’s database as you were no longer a customer, our email supplier still monitored the account for anything suspicious.

 

The terms for both active and pending delete emails remain the same,

BT and our email suppliers will provide the same duty of care in respect to the security of the accounts.

 

When suspicious activity is recognised the accounts are locked to stop any access.

I’m sorry that the hacker was able to complete the password reset on the 3rd party service in question before the account was locked.

 

Whilst your email account which was provided by BT was used to orchestrate a cybercrime,

any liability for any loss incurred would lie with the service where the loss occurred.

 

This comes under losses which we couldn’t reasonably have expected or which we couldn’t have considered when entering into the agreement when you created the email account.

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Hi

I'm not totally tech savvy and the website link you sent was interesting, i never knew it existed.

 

I guess you dont until you have a problem.

The link you sent and this showed items one in 2013 and one in August 2017.

 

The 2013 provider sent a mail and i changed my details at that time.

The August 2017 was 4 months after I left BT so if there were any warning emails i wouldnt have got them.

 

I guess a passowrd change every x weeks is the only way or using something like fingerprint passwords for everything to keep safe in the future?

 

Still seems unfair, the hacking was 7 months after i left and if they had deleted the account i wouldnt be out of pocket.

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what about actionfraud?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the airline know who used your vouchers and they know it wasnt you

so it makes me wonder what they are hiding and why they havent taken action themselves.

 

A claim against BT is 50/50 as they could also argue that they were doing you a favour keeping the old account open and it isnt their doing it was hacked and any consequential loss is not their responsibility.

 

The last bit has the known problem going against them and the excuse of a backlog isnt really an excuse.

 

Changing passwords doesnt make them more secure, the opposite is often true as people repeat existing ones or use easy to remember ones that are less secure.

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