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    • 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 there 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
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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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.

      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.

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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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Item not fit for purpose but bought through eBay/paypal. Seller won't refund.


BurtonLazars
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Hi

 

I purchased a sofa on eBay from an actual company, as opposed to a private seller.

 

I paid using a credit card, but as it was on eBay, it went through PayPal.

I entered my card number directly, rather than using it as a funding source, if that makes sense. I.e. it was a direct purchase with my card rather than PayPal being used as a staged wallet. I make this distinction because I wanted to know whether this gives me any section 75 rights.

 

So anyway the sofa broke after 3 months. The wood supporting the legs broke so the legs went up inside the base.. Although it was only £150, an item should be fit for purpose and not break so soon, especially as the item description said 'high quality materials used'.

 

I contacted the seller but they wanted nothing to do with it, insisting that I should have noticed the defect earlier. As it was over 30 days, they claim I had accepted the item and could not return it.

 

I supplied photographic evidence but they said that someone must have exerted excessive force on it. This is untrue, we have only sat on it normally and not even used it as a sofa bed which it does convert to.

 

So I opened a dispute with PayPal. They heard my side of the story and I asked if they required either the photographs or the correspondence between myself and the seller as proof, but they said not yet, they would request it if they needed it. The next thing that happened is the seller responded to the case (I didn't get to see their response) then PayPal ruled in their favour without me being able to offer any counter argument or evidence.

 

I need to know what I can do next. Should I contact my credit card company? Info on MoneySavingExpert suggests that using PayPal prevents you from claiming under section 75 but it doesn't draw any distinction between PayPal as a wallet and PayPal as a gateway service. I was hoping that using my card directly may help.

 

What other options are available? My wife was successful in using the government Money Claim service so I may do that if the credit card avenue is not viable. The eBay returns process doesn't seem to cover any scenario after 30 days.

 

The company is Furniture In Fashion if that helps or rings any bells with anyone.

 

Any advice welcome!

 

Thanks

 

Burton

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What type of card was it. visa?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Also have a read of the consumer rights act. Youre entitled to a repair or replacement within 6 months of buying it, if it is faulty. 30 days just means a refund in their terms. The law still says you have up to 6 months.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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the law says upto 6yrs...!!

 

its gone faulty within 6mts

so its down to the seller to mend it FOC inc postage

see CRA.

 

else off to court you go.

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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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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Chargeback?

 

Unfortunately, Section 75 or chargeback is unlikely as PayPal has been used as a 3rd party. A crazy 'get out' from the rules, but it is what it is.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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