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    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took pictures of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
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      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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Platform defending or are they?


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Keep strong and good, successful vibes coming for you!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

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I've got everything crossed for you.

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Any news yet????

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I am feeling deflated at the moment. Need some good news.

 

uK

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Alan winning would help Gizmo. Maybe a Massage with a few Babes too lol.

 

Uk..

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Alan winning would help Gizmo. Maybe a Massage with a few Babes too lol.

 

Uk..

 

Fingers crossed for the first..........

Shocked at the 2nd Uk:o

Go have a hot bath and I'll send you a virtual glass of champagne:p

Consumer Health Forums - where you can discuss any health or relationship matters.

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My nerves are jangling here.........LOL!!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Fingers crossed for the first..........

Shocked at the 2nd Uk:o

Go have a hot bath and I'll send you a virtual glass of champagne:p

 

Lol.. Don't be shocked Gizmo.. we all day dream now and again.

 

Bath is a good idea though will get some rest tonight. It's been a busy week.

 

Sorry Alan for hijacking your thread. I do apologise.

 

Uk..

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Hello everyone, sorry for the delay posting.....went straight out after work last night so didn,t get chance until now.

 

Thanx for all of the kind messages!

 

Just as a reminder yesterdays hearing was because I obtained judgement by default over platform and they later issued a defence and counterclaim. There were 3 issues which were being contested which were:

1) platform asked for the judgement to be set aside

2) platform asked for the claim to be struck out as it had no merit etc etc

3) platform were counter claiming for all of their costs because of a clause in the mortgage agreement (costs so far £3k plus!!)

 

Well I turned up at court with my lovely wife holding my hand to stop me shaking!

Platforms solicitor turned up at court with his barrister holding his hand!!

In the waiting room the barrister passed me a copy of their documents which they were using including all of the case law which they would be quoting (similar to yellow pages!)

 

We were ushered into a chamber with a nice lady judge who listened intently whilst the barrister rabbited on for half an hour, it was then my opportunity to respond...obviously I could not compete against a barrister in terms of technical knowledge and similary I didnt have the courtroom patter but I had typed up 4 pages of answers to various points which I suspected would be brought up.

 

Yes I know you want to know the outcome.... well

 

point 1) the judgement was set aside (instantly) by the judge

point 2) the claim was not struck out and was allowed to go to trial. (much to the disappointment of their barrister)

point 3) the issue of costs was deferred to the trial judge however I would be responsible for their costs for the hearing as apparently it was my fault as I could have agreed to the judgement being set aside without a hearing at an earlier opportunity (so thats gonna sting a bit)

 

Basically the judge agreed that they had case law to back up their claim, however it was old and not necessarily relevant to these issues but i had made her aware off successful claims (although out of court) and of the OFT test case etc so she thought that I should be given an opportunity to pursue my claim, however she recommended that I have legal representation at trial.

 

The barrister was a bit annoyed as he obviously thought it would be a formality so he asked for permission to appeal against the decision not to strike the claim out. At this point I think the judge was fed up of hearing is voice so she cut him off but agreed that he could appeal if he wished)

 

We then left, they skulked off and we went out for lunch!

 

So what does anyone think... good or bad???

 

Alan......:confused:

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Also just remembered they argued that the part of my original claim in respect of the unfair contract terms was irrelevant in this case and quoted case law in this respect. The judge agreed and noted that this should be struck out of my claim!!!

 

I do have all of the case law which they quoted but its a bit like reading a dictionary!

 

Alan...

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Hi Alan,

 

Its certainly a step in the right direction! However, the battles not over yet.

 

The judgment was highly likely to be set aside and therefore there's not too much to worry about there. Its really good to hear that the case was not struck out. The judge obviously felt you had an arguable case and therefore there is some hope. Although note that some reservations were expressed. Bad luck on the costs for set aside that is something people are going to have to watch out for in the future.

 

Is your claim small or fast track?

 

It would be useful to have a list of the cases thye referred to.

 

Well done to you.

 

All is not lost after all.

 

All the best

 

Zoot

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Hi Zoot,

 

Platform had not logged their defence and counterclaim as such ( I assume awaiting the decision of the hearing) so the judge gave them 14 days to do so then she said the allocation questionairre would be issued to me so I suspect it will be fast track.

 

Case law quoted re various points:

Euro London Apartments ltd -v- Claessens International ltd (2006) EWCA Civ 385

 

Associated Distributors Ltd -v- Hall (1938 ) 2 KB. 83

 

Export Credits Guarantee Department -v- Universal Oil Products Co (1983) 1 WLR 399

 

UCTA 1977

 

1999 regs

 

Hope these details help!!

 

Alan.....

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Oops that should be:

 

Associated Distributors Lts -v- Hall (1938 ) 2KB.83

 

Also just noticed in doc's it says something about:

 

see chitty on contracts, 29th edition 2004, 26-109

 

As you can imagine is was all a bit baffling for me.

 

Alan....

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