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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
    • VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.   It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Delayed flight compensation Jet2..Issued a Court claim against them ***Paid in Full***


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Delayed flight compensation Jet2 -

 

 

We have had a long and frustrating 9 months trying to get compensation from Jet2 for delayed flight LS606 from Malaga to East Midlands on Monday December 11th 2017.

 

 

To jog your memory there was some snowfall on Sunday 10th December across parts of the midlands and the south of the country.

 

 

LS606 was 3 hours 41 minutes late arriving at East Midlands. We put in a claim to Jet 2 by way of a letter (and two follow up letters) and it was repeatedly denied because of ‘exceptional circumstances’ which Jet2 tried to suggest was adverse weather.

 

 

To cut the long version short, we issued county court proceedings in January 2018 and Jet2 responded by appointing a large London firm of solicitors to fight their defence. The defence received was laughable and was mistly wrong, inaccurate or downright offensive. One part that sticks out to me was the following:

 

 

The defendant does not admit nor deny that the claimants presented themselves for check-in’. In other words, although they do not deny it, they wanted us to prove that we did. Of course, by law they have to keep records of who actually boards and travels on all aircraft.

 

 

For the last 9 months Jet 2 has tried to convince us that LS606 was delayed due to adverse weather but I can prove that it was not and will happily forward that proof onto anyone who also wishes to bring a compensation claim for the same flight.

 

 

The PREVIOUS flight, LS605 was delayed leaving East Midlands and that it was actually made our flight delayed. But although Jet 2 will again tell you that LS605 was delayed by adverse weather, that is also untrue. The actual reason LS605 was delayed was a lack of de-icing facilities and supplies. Something confirmed on bvoard LS606 by the captain in Malaga.

 

 

 

On the day in question I have records of every flight that landed and departed from EMA between 05:25 and 15:13. Not one aircraft was delayed from landing at EMA and of those that did land, not a single one was delayed in departing again. Only aircraft that had been parked overnight had any delay and of those only some of those. This was ultimately Jet2's downfall. Adverse weather either effects all flights atbthe airport or it doesn't. De-icing is more selective and thus the can of worms is opened.

 

 

 

The two flights in question are LS605 and LS606 on Monday 11 December 2017, both of which used a Boeing 737 aircraft with the registration G-JZHL. This aircraft was flown EMPTY into EMA from Birmingham on Saturday 9 December and it sat fully exposed to the forecast snow conditions until it was required on the Monday morning, 36 hours later. THAT is why it needed de-icing and the lack of said de-icing is why LS605 was delayed departing and thus why LS606 was subsequently delayed.

 

 

So, ANYONE who travelled on LS606 should claim compensation under EU regulation 261/2004 and I would strongly advise you to claim from Jet2 without delay. They WILL deny your claim and will most likely string you along for months also, but persevere and like us you will get your compensation.

 

 

Our court case was due to be heard in the next couple of weeks and out of the blue Jet 2 decided to offer the full claim amount (including the court fee) last week. This morning we received the full claim amount into our bank.

 

Jet2 tried to incorporate a ‘confidential’ clause into their offer, but I pointed out that they were not in a position to demand anything from us. They dropped that part in agreement of us accepting the full settlement offer. We did that specifically so we could tell you.

 

 

So, if you were on LS606 make a claim. You are entitled to 400 Euros per passenger.

I also advise anyone on LS605 to also claim because your flight was also NOT delayed due to adverse weather, but a lack of de-icing facilities. EU court cases have ruled that de-icing is not a reason to deny claims.

 

 

I think it is outrageous that companies such as Jet2 will try this. They know they must pay but WILL deny your perfectly valid claim. They are simply hoping you will just not bother, or if you do bother will accept their rejection, or if you do issue a court claim will be put off by their big London firm and their 20 page defence, or that you will just give up. Be like us and stand up to them.

 

 

Amount settled: £780.72 being 400 Euros each plus the £60 court summons fee.

 

 

In case anyone from Jet2 wishes to contest what I have said above, I have the full documentation of the entire matter from letter 1 to bank payment today.

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Thread title amended.

 

Dont forget to inform the court its been paid

 

 

Well done ...excellent result.

 

Regards#

Andy

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BA in my case went a step further, denying that they were the air carrier!!!

CAA were brilliant in providing full info of the cancelled flight within 24 hours.

They paid up a few days before my deadline on lba.

I think as standard all airlines will deny liability to all claims and only pay when threatened with court actions.

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