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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Packlink/EVRi parcel delivered with its contents stolen

balmeetk1
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BankFodder

BankFodder

Posted
Posted

Firstly, it would help if you didn't start spamming posts everywhere about this same subject .

 

We get around to responding as soon as we can .

 

Secondly, it would help if you would space your posts so that they are more accessible to people, especially those with small screens such as telephones .

 

 

I don't really know what you mean by eBay authentication

 

 

 

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balmeetk1
balmeetk1

I will keep you notified, thank you.

balmeetk1
balmeetk1

I received the DORAE from eBay and just sent it off to Packlink, I am now going to begin to write my Letter of Claim.    I will send it here once done before sending it off to Evri.

balmeetk1
balmeetk1

Alright, thank you. I will keep you updated.  

BankFodder

BankFodder

Posted
Posted

You say that you had a message from eBay which agrees that the box was tampered with .

Please can you post up that message here so that we can see it.

 

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BankFodder

BankFodder

Posted
Posted

Yes, I think it is very important to try and get written evidence of this .

 

If you send them a gentle email- not conflictual- pointing out to them that you understand from the old telephone call that the box arrived and it appeared to have been tampered with and can they please confirm that in writing .

 

You could even ask them if they still have the box and if they could let you have pictures but that is unlikely

 

 

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BankFodder

BankFodder

Posted
Posted

This is a standard form of from EVRi .

However, are you able to provide pictures of the shoes?

 

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BankFodder

BankFodder

Posted
Posted

Don't bother to respond to EVRi. It's a load of rubbish.

See what you can get from eBay and then we will get ready to send a letter of claim .

Have you read around the stories on this sub forum ?

You need to read a couple of dozen or so. You need, especially to understand what the response is to the standard EVRi excuse that you contracted with packlink

 

 

 

By the way, what is the name of the EVRi person who sent you that message?

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BankFodder

BankFodder

Posted
Posted

Any stories you find anywhere on the internet where items have been stolen in the way that your shoes have, please get screenshots and the internet links .

 

Will be very good evidence which will be helpful when the thing goes to court .

 

Yes, I suppose you may as well send EVRi the pictures of the shoes .

 

In that case, send them a letter telling them that you are attaching the pictures of the shoes that you aren't concerned about your relationship with packlink because you are enjoying third party rights and when you eventually take action, you'll be suing EVRi directly and they had better get used to the idea

 

 

 

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BankFodder

BankFodder

Posted
Posted

you should draft your own letter and not use templates. In the proposed letter above you refer to a parcel which has been damaged and clearly yours hasn't been damaged.

 

Also what on earth are you doing going on about concealing identities etc?

It's totally irrelevant

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BankFodder

BankFodder

Posted
Posted

As long as you are happy to wait 30 days.

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BankFodder

BankFodder

Posted
Posted

You really expect somebody is going to exercise. Some good will? Bless.

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BankFodder

BankFodder

Posted
Posted

Your decision. Your case to win and it's your case to lose

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BankFodder

BankFodder

Posted
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If you are going to draft a letter of claim, I suggest that you post it here first before you send it.

You can certainly copy in packlink if you want

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BankFodder

BankFodder

Posted
Posted

So they want a denial of receipt form signed .

This is a new device that they have introduced to add to the difficulties of making a claim .

 

Not unreasonable to require evidence that the item was not received.

 

But I gather that you have already received confirmation from eBay that the parcel had been tampered with and the items were not inside .

Is this correct?

 

 

 

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BankFodder

BankFodder

Posted
Posted

don't bother about the denial of receipt form. You don't need it .  you have written evidence from eBay and that's quite enough.

Don't start playing EVRi game . stand up to them .

Prepare a letter and post it here so we can have a look .

You can start off in the letter by telling them that you don't intend to provide them with the denial of receipt   form.

tell them that you have written confirmation from eBay that the the parcel arrived tampered with and the shoes weren't  inside and if that isn't good enough for them , then it will certainly be good enough for the   court.

 

 

 

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BankFodder

BankFodder

Posted
Posted

If you contracted with EVRi directly, then I'm not too sure why you are relying on the rights of third parties act

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BankFodder

BankFodder

Posted
Posted

Ok, sorry. I had become confused

 

It's a bit wordy but it will be fine

 

 

Please make sure that you understand these steps involved in taking a small claim in the county court.

 

Start preparing your claim form so that you are ready to send it off on day 15

 

 

 

 

 

 

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BankFodder

BankFodder

Posted
Posted

Good result. Well done .

What a shame that we have to go through all of this hassle simply for you to get your legitimate reimbursement .

Anyway, well done .

If you think that we've helped you, then we have donation buttons all over the place.

 

Wait until the money actually gets into your bank account!

 

 

 

 

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