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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • 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 photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), 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? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. 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.
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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.
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      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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Case Law on parcel companies charging extra insurance vs consumers statutory rights


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Hi all. Fantastic forum. Thank you for helping so many people.

 

I have read and learned so much from this forum. I am currently involved in a small claim vs a parcel company, after they lost my parcel.

 

The usual goodwill offers of less than the value were made, and the usual “you didn’t insure it” excuse too as per almost all of the cases on here…

 

My case has proceeded to having a court date set and I’ve been continuously attempting to resolve prior as expected by the procedure guidance.

 

The company are not accepting my argument of lack of the reasonable care required by the Consumer Rights Act 2015 and have stated the following:

 

”We have, and I quote, information directly from a judge on a previous matter which was taken to Court -

 
The Defendants business model is one used by many courier companies, and the parcel protection offered to Claimants make it possible for the business to remain competitive and commercially viable.”
 
Now… I am utterly sure if this indeed was from a judge, it is a very select, incomplete and biased snippet, but I cannot find any related court cases at all... Does anyone know of any?
 
I plan on continuing to try and resolve and I will be going to court if necessary. I will of course update this thread accordingly for reference.
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Why are you hiding naming them...???

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk

 

I haven’t named them as the email containing the above quote said the information was for the recipient only, I don’t want to breach any privacy rules or anything (excuse me if I’m wrong on that!).

 

Its one of the usual culprits.

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You cant break YOUR consumer right..nor their s - name and shame.

 

yOu said youd read stuff here. Well every thread names their p roblem company...

the insurance issue is irrelevant, what do you think they do, put a big red x on an insured parcel that they know means dont lose rhis one as we mugged them to pay for insurance in case WE lose it...😁

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We need to know the court date .

, We need to see your claim form in PDF format and also the defence in PDF format .

We need to know who you are claiming from .

We also need to know what you sent, the value, was the value correctly declared?

 

 

 

Did you use a third party parcel broker? Did you take out the so-called insurance?

You really only told us a little bit of a story and have given us any of the important detail.

If you want us to help you get your money back then you will have to provide the information that we need

We really are not in the business of trying to guess riddles here.

 

 

 

 

 

.

 

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Of course. Thanks! It will take a while for me to do the pdf’s but in the meantime:

 

Court date is set for October 2022 at my local Court

Vs Parcel2Go.Com 

I sent some steel hardware, worth £105, correctly declared value.

No insurance was purchased as I rely on my rights granted by the CRA 2015 for the service to be performed with reasonable care and skill :)

Parcel confirmed lost by parcel2go (not reasonable care or skill!), they offered the usual £20, £50 goodwill BS etc.

 

Thanks everyone :)

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Ok. Lots of time although what is the date for filing your bundle of documents with the court and with the other side ?

 

 

Please make sure you read the stories on this sub forum and you will understand the information we are looking for .

Also, it will help you understand the principles relating to the unenforceability of the enhanced insurance requirement

 

 

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Bundles much be lodged not less than 2 working days before the hearing, and not less than 5 working days before a final hearing.

 

I guess this is the only, so final, hearing? So that will be a deadline of late September. 

 

Yes I’ve read a lot of the cases and have seen all the excellent help you have given and your note on the protected and non protected services being indistinguishable, and that it is of course unfair for the consumer to be expected to take out insurance against the negligence and/or criminality of the service provider’s employees.

 

Initially I thought that it was much more simple, ie that the CRA requires the service to be carried out with care/skill and losing the item is obviously careless and unskillful.

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That seems very short. Maybe it's something new, but previously it's been 21 days .

Maybe you can double check .

Frankly, I think you should probably phone the court and confirm it

 

 

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Submission of Bundles and exchange of statements and evidence are usually separate dates ....check your N157 Notice of Allocation carefully.

 

Bundles normally 2-5 final hearing......exchange of statements/evidence normally 14 days pre hearing.

 

 

 

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OK - do the reading - including:

 

 

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Make sure that you read the other stories. That is not the only relevant thread.

Prepare your witness statement/skeleton argument in good time and post it up here in advance

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