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    • You will receive a Notice of Judgment with details of the judgment and payment details
    • Hello, welcome to CAG. It would be a good idea for you to read other shoplifting threads here to get an idea of how this works. The police won't get involved now, so no chance of arrest. You need to avoid that branch of John Lewis for a while though. Basically, John Lewis's security people will give your details to either a firm like Retail Loss prevention or DWF solicitors who will then write to you with scary-sounding letters to frighten you into paying them some kind of penalty. They have no legal power and can't take you to court, only John Lewis can. Last time we saw a retailer in court against shoplifters, it went very badly for them and we haven't seen a case like that since - over 10 years ago. But you need to figure out why you did this. If you need support, talk to your GP and aske them. They will have heard it all before and won't judge you. Best, HB  
    • In addition to the information you've been given above, I suggest that you spend some time reading up on the stories on this sub- forum. There is a lot of information about suing as an entitled third-party. Take a couple of days – and by Monday you will be much more confident. More in control and you will have fewer questions to ask but the questions that you do think up will probably be more relevant and more interesting to your case. Do the reading. This is always an essential first step   Additionally please can you give us more details. What was the item, was it correctly declared, was the value correctly declared, what was the value that was declared? Very importantly what date did you send it?
    • I got caught today shoplifting some shampoo & conditioner at John Lewis. I felt absolutely awful. The people were quite nice as I returned the items without any hesitation, gave them my name, address & DOB. They did not ask for official ID, and let me go after taking my picture and then handing me a paper saying I am banned for life. I just now read on the paper that they may share my details with third parties (police) and am extremely stressed. I've previously shoplifted, not at this John Lewis but others of their stores (an absolutely horrible habit made worse by cost of living crisis).... How likely is it that they will actually start an investigation for this offense? May I get arrested for this? While I was in the backroom, the security was quite nice and told me that no police would be involved unless I broke my ban.
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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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EVRi Lost Parcel - Court Claim Issued **SETTLED AT MEDIATION**


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Thank you.
In terms of having a scanner, we help everybody for free here and we expect at the very least that they have sufficient equipment to be able to engage with us when we help to sort out their problems.

A scanner is about 70 quid from Currys PCWorld and you have it for years. Also you can download an app on your phone called Adobe Scan which will do a reasonable job – but not as good as a scanner.

Sorry to say that it's your responsibility to make sure the you are able to join in with this in dealing with these issues

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Okay, the defence is not exactly the same as previous ones because this time they are referring to your declared value and they are saying that you only declared £100 value and that you are claiming £131.29 p.

I take it that the money on top of £100 is the interest – is that correct?

In which case they are all at sixes and sevens.
Their defence is predicated on the fact that contractually they are only obliged to pay you £20. They are saying that you should take in compensation in which case you might have been entitled to more.

Hopefully you are sufficiently familiar with the Hermes stories on the sub- forum that you understand their response to their requirement for insurance.

Secondly, there challenging the value of your claim because they are saying there is a difference between the amount claimed and you declared value. I have referred to this above and suggested that they are referring to the interest you are claiming. If this is correct then Hermes are being stupid as usual and they haven't appreciated the point.

Complete the DQ. Let us know if there are any questions you need answered on it. Obviously you want it allocated to the small claims track – allocated to your local court because they are a business and you are a litigant in person – and yes, you agree to mediation.

Sent that all off. Once again, make sure that you are happy with the arguments and that is no when the mediation date is and we will go through it again.
 

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Yep, the claim of £131.29 is the total amount including £100 declared value, £25 court fee and £6 delivery charge.

I've emailed them proof of value (which incidentally is much higher than my declared £100) and asked them to comment in advance of mediation/court.

 

Additionally I've notified them that I will be requesting evidence of their extensive investigation into finding my parcel

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Okay – it just confirms that they are devious idiots.

 

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  • dx100uk changed the title to EVRi Lost Parcel - Court Claim Issued **SETTLED AT MEDIATION**
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