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


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    • FTMDave
      Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods

      By FTMDave · Posted

      I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • Emmzzi
      Employment Tribunal

      By Emmzzi · Posted

      I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • dx100uk
      PRA Group Claimform - old Barclaycard

      By dx100uk · Posted

      a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
    • jk2054
      Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods

      By jk2054 · Posted

      no go to OCMC and download the transfer order and post it here.   be quick we dont have a lot of time

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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.

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

Lost eBay Laptop for £430, Packlink/Evri - EVRI PAPLOC/Claimform Issued ***Settled***

radupana

By radupana
in Postal and Delivery Services

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radupana

radupana

Posted
  • Author
Posted

Hi everyone,

 

No change since the last update. Evri did not provide the necessary details for mediation, so the case has been transferred:

 

Your claim was transferred to MAYORS & CITY OF LONDON COURT on 13/02/2023.

 

I've received nothing else via e-mail or post, so am waiting.

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BankFodder

BankFodder

Posted
Posted

I suggest that you telephoned the court once a week to check that there isn't a dataset and that you haven't been informed.

The courts are very nice – the staff are very friendly – but they are hopefully inefficient and make all sorts of mistakes.

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  • 2 weeks later...
radupana

radupana

Posted
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Posted

Hi again,

 

Thank you for the advice. I just received a letter dated Apr 4, which said that the case has been transferred to the County Court at Clerkenwell & Shoreditch. So there has been some movement. 

 

I will start calling the Court if there is no progress within a decent time frame.

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BankFodder

BankFodder

Posted
Posted

Thank you. Keep us updated with any dates et cetera

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  • 2 months later...
radupana

radupana

Posted
  • Author
Posted

Hi,

The claim has been allocated to the small claims track and the hearing will be on August 21. I have attached the Notice I received.

I remember already paying the court fee. Is this reminder something that is added by default to the Notice, even if it has already been paid, or is it a separate fee that I need to pay?

The Judge also mentioned Mediation, but I have already tried going down that route and Evri did not respond, hence the initiative was dropped. Should I try for mediation again, or just wait until the Hearing?

Anything specific I should be reading between now and the hearing? And any tips/advice?

Thanks.

 

Small claims allocation.pdf

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AndyOrch

AndyOrch

Posted
Posted

Separate its the hearing fee you have paid the issuance fee.

 

Make sure you comply with the courts directions by the dates given. (hearing fee/Statement/disclosures)

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We could do with some help from you.

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  • 1 month later...
radupana

radupana

Posted
  • Author
Posted

Evri has reached out to propose an out of court settlement totalling £409. I responded saying that this does not cover the claim + fees I already paid.

Am now waiting to see if they bump their offer.

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BankFodder

BankFodder

Posted
Posted

Did you claim interest in your original claim?

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BankFodder

BankFodder

Posted
Posted

That's a shame – because 8 percent per annum is pretty good at the moment even with the interest rates going up.

Anyway you are absolutely right to stand your ground and insist on every last penny. They are desperate to avoid a judgement against them. Don't give in to anything and don't agree to any confidentiality agreements.
If they want to confidentiality then it should cost them extra. Confidentiality is not part of the claim and so all you want them to do settle the claim and not impose any other conditions.

Every last penny!

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radupana

radupana

Posted
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Posted

Good morning,

I am waiting for proof of payment from Evri. The court date is August 21 and I was trying to find information about what I'd need to do when settling out of court. If the funds arrive before the date, I will ring the Court up and inform them of the out of court settlement.

If the funds don't arrive by August 21, will there be any monetary penalty for me if I don't cancel the hearing, and instead go there and mention the pending settlement?

Couldn't find much info around this situation.

Thanks.

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BankFodder

BankFodder

Posted
Posted

I don't think we knew that there was a settlement. Have they offered everything?

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BankFodder

BankFodder

Posted
Posted

I suggest that you send EVRi an email

 

Quote

Dear XXX

Reference number XXX

On XXX date you agree to reimburse me £XXX being the amount claimed plus all my claim fees. I supplied you with my bank details which once again are XXX and XXX.

So far I have not received any payment from you and am putting you on notice that if the payment isn't received by the date of the hearing that I shall be attending the court will be informed not only that you have breach of contract in respect of the delivery of my property but also you have breached this new contract where you have promised be payment in return for my promise to withdraw the claim.
I suggest that you get a move on and make the payment in order to avoid any further expense and inconvenience to myself and to the court in addition to the problems that you have already caused us all.

Once I have received payment and it has cleared then I shall withdraw the claim – but not before.

Yours

you won't suffer any penalty if the payment has not been made.

If the payment has not been made then of course you must attend court. Show the judge the copies of the email agreeing to the settlement but explained to the judge that they have had more than enough time to make the payment and so it seems that they have reneged on their promise and that you are asking the judge to give judgement in your favour and also to comment on their broken promise to pay you.

Please keep us updated

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radupana

radupana

Posted
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Posted

Thank you for the template.

Unsurprisingly, Evri responded in their usual disdainful style towards their customers and told me they already have my bank details on file and that I don't need to send them again.

They highlighted the fact that it can take 10 working days to receive payment, starting August 9 (when I accepted the settlement offer). They also made sure to explain that working days means Monday to Friday and that I am free to attend the hearing.

I am 99% sure that I will receive the funds on the hearing date, or one day before.

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BankFodder

BankFodder

Posted
Posted

Reply to them and explain that if cleared funds are not in your account by the hearing date that you will be attending court and asking for judgement and they are welcome to attend court if they want.

If they want to avoid this then they had better pay up quickly and stop relying on their broken procedures.

Tell them that they have proved unreliable so far and that you don't trust them and you aren't prepared to withdraw the claim until cleared funds are in your account

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radupana

radupana

Posted
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Posted

As expected, they waited until the last possible moment to pay. I received payment just now.

I will call the Court and inform them that I would like to withdraw my claim. Based on reviews, they don't seem to be very responsive though. If I can't get through to the Court and do not go there on the hearing date, would the claim be automatically cancelled?

I also want to thank you all again for the immense help, without which I would not have gotten this far. I'll be donating part of the refund as a token of thanks.

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BankFodder

BankFodder

Posted
Posted

No. I think you have to inform the court. They won't simply cancel it automatically.

As well as informing them on the phone, send them an email so you have a record that you have tried

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AndyOrch

AndyOrch

Posted
Posted

You need to file the following Notice of Discontinuance with the court and serve a copy on the defendant's.

Well done.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/961394/n279-eng.pdf

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • AndyOrch changed the title to Lost eBay Laptop for £430, Packlink/Evri - EVRI PAPLOC/Claimform Issued ***Settled***
radupana

radupana

Posted
  • Author
Posted

Thanks Andy.

The Court replied to my e-mail asking for the withdrawal of the claim:

"""

Hello,

Thank you for your email. The hearing has now been vacated and case closed.

"""

Easier than expected.

Happy to put this all behind me.

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FTMDave

FTMDave

Posted
Posted

Well done on sticking with it until you got every last penny!  👏

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

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AndyOrch

AndyOrch

Posted
Posted

Okay well as long as you have the acknowledgment no need to submit a NOD

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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