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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EVRi/Evri lost parcel


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Do I attempted to return a pair of £170 shies which I had bought off ebay through evri. A day later the tracking told me there was a delay and they would try to deliver the shoes the next day. A couple days go past and of course mothing changed, at which point I opened a claim. Eventually they told me the they could see on their system the shoes had been delivered, to which I then sent pictures showing thst the tracking does not show this. They then offered my a refund of £2] I assume because I did not pay extra insurance. I am not willing to settle for this. Is there any way I can get my money back in its entirety?

 

Do I attempted to return a pair of £170 shies which I had bought off ebay through evri.

A day later the tracking told me there was a delay and they would try to deliver the shoes the next day.

 

A couple days go past and of course mothing changed, at which point I opened a claim.

 

Eventually they told me the they could see on their system the shoes had been delivered, to which I then sent pictures showing thst the tracking does not show this.

 

They then offered my a refund of £2] I assume because I did not pay extra insurance.

 

I am not willing to settle for this.

 

Is there any way I can get my money back in its entirety?

Edited by BankFodder
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Yes we can help you get your money back.

Please start off by reading as many of the EVRi stories on this sub- forum as you can handle. I'm talking about at least a couple of dozen and in particular make sure you understand the arguments that we suggest to demonstrate that the insurance requirement is unfair and therefore unenforceable.

Also make sure that you understand the steps involved and the route that your claim will probably take – including the mediation summaries.

Once you think you got it under your belt – and I'm talking about at least 24 hours – draft a letter of claim and post it here.

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I have already made a draft of a letter of claim, however I wasn't sure this was the next step to take. Thank you for your help it is appreciated. The draft of my letter of claim is as follows:

Quote

 

Parcel reference number –

Reference -

On Monday the 14th of March, I used your services to send an item worth £170 to a business address. The next day upon looking at the tracking provided when I posted the item, I was met with a message which read “were sorry your parcel has been delayed. We’re working to get it on its way on the next working day and well let you know once its out for delivery”. A few days passed, and there was no update and so I contacted you via email, and on the 21st of March you got back to me stating the item was lost and I was told to open a claim, which I did. Then on the 21st of April I received an email back stating that the parcel had in fact been delivered on the 21st of March, which was the same day I received an email stating that the parcel had been lost and I should open a claim, therefore this information was not true. I did however check with the business to see if they had received the parcel which they told me they had not. I then sent another email explaining that I had been lied to as the parcel had not been delivered and included a picture of the tracking, which also had no indication the parcel had been delivered on the 21st as I was told, and the next day received another email, again stating it was lost and was offered compensation of £20. However, I will not be the one to pay for your incompetence, therefore I very much intend on taking you to court, where I can provide various pieces of evidence to support my claim. I will also show evidence that this is not a standalone incident and your business is very much prone to making this mistake. I intend to receive the full £170 the item was worth, as well as any court fees I have to pay during the process. If I do not receive this compensation within the next 14 days then I shall issue the claim to county court.

 

 

 

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It's a very long letter of claim – unnecessarily so – but it will do and so you may as well send it.

It won't have any effect but it is a necessary first step to bringing a claim.

While you are waiting for the 14 days to expire, start making sure that you understand all the various principles involved and open an account with the money claim website and start preparing your claim. You can save your work as you go.

Be completely ready so that on day 15 you can simply click off the claim

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Upon reading other posts about this issue, I understand I should send this letter of claim physically and through email.

 

I assume the 14 days starts from when I send the email rather than when they recieve the letter?

 

Also, since I was returning the shoes how would I show evidence of this as I don't have a invoice or anything?

 

Would I say show how much I paid for them via an invoice, then show the return details like the address along with the tracking which shows I sent the item to that address or?

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The 14 days would run normally from the date that the letter is received, so you should probably allow a couple of extra days on top.

In terms of assembling evidence, I don't think we can advise you..

They will certainly challenge you on the value of what you are claiming and I'm afraid that you will have to approach the supplier or maybe get hold of the credit card receipt etc. Whatever you used

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no

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