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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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    • aries18pk
      Need help with huge amount of unsecured debt

      By aries18pk · Posted

      Hi, Thanks a lot for your valuable advice and apologies for bit delay in providing some additional information as requested before. I was also looking at other threads to get some more knowledge so apologies if my questions have already been answered in some other threads and I have missed them. I would appreciate if you can guide to relevant thread to help navigate easily. If I opt to go down the route of availing BS option, I'd find it more convenient if I do it in parts i.e., applying with 2/3 creditors at a time. Is that even possible in my case? I understand that DN might be the best option for me but I am trying to avoid this route as much as I can. I am currently living in a rented property with wife and 3 kids and I am not how this is going to play out in future if we decide to move to some other area. How will DN impact my intention of getting house on mortgage (dream as of today) after 6 years? If I go for DN strainght away, do I have to do it for all debts? for example, can i leave one active credit card out of this DN? what can i do if I go for DN right now but my financial situation improves in 1-2 years due to better job or promotion etc.?  Here are the details of my debts. Let me know please if you have any questions. Regards, MM Overdraft Halifax - £2,500 Starling - £500 (I can settle this immediately to keep this account active as back-up for salary and other priority expenses like rent, council tax etc.)   Personal Loans - Outstanding Amounts - No defaults or missed payments Plata - approx. £27,000 BetterBorrow - £3,450 Zopa - £14,000 Reevo - £2,800 Updraft - £2,230   Credit Card - Balances - No defaults or missed payments except those noted Virgin - £6,100 (This card is suspended.) Halifax - £5,474 (This card is suspended.) Barclays - £5,400 (I am currently on a fixed monthly payment plan of £232 for almost a year now and missed last month's payment.) Aqua - £3,100 Fluid - £2,100  
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      London Stock Exchange becomes Europe's largest stock market again

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      A French election is driving down the value of French listed companies, analysts sayView the full article
    • dx100uk
      80k debt

      By dx100uk · Posted

      They cannot send any claim forms, they are issued by Northants bulk.  Usual rubbish, and legally cannot be served by email unless you've specifically given Northants bulk permission to do.    Usual claptrap from TM.. See
    • dx100uk
      JCI/Moriarty Claimform - old OVO UTIL dual fuel debt

      By dx100uk · Posted

      OK but it's always best to scan up these letters you mention so We can decide proper actions/responce/use please scan them all to one mass pdf in date order.  Read upload use the online sites listed Dx
    • lookinforinfo
      SAR distress claim against Parking Eye

      By lookinforinfo · Posted

      Instead of ridiculing them you could point out the embarrassment they will have in the papers if they persist in being in Court with a little old lady. it also won't look good for their landowners since negative comments afffect them too.

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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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Lost eBay Laptop for £430, Packlink/Evri - EVRI PAPLOC/Claimform Issued ***Settled***

radupana

By radupana
in Postal and Delivery Services

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at the bottom of one of the posts.

 

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

BankFodder

BankFodder

Posted
Posted

You have started a process with resolver. You shouldn't try to ride two horses at the same time so stick with resolver and come back here if you don't get a solution.

In the meantime you can usefully spend your time reading up the many stories on this sub- forum and also follow the link – EVRi – in order to understand the underlying principles

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BankFodder

BankFodder

Posted
Posted

We are here to help you but this is a self-help forum. Please will you do sufficient reading so that you know the steps. It's a question of confidence on your part. If you understand all the steps and just need general guidance from us then you will be much more confident and in control of the situation.

We will guide you through the entire process that you will need to have done a lot of reading. Many people have had exactly the same problem and have gone through the process before you and so you will very easily discover what the steps are and what the arguments are and what the principles are – and especially if you follow the EVRi link.

One of things that you will need to do will be to prepare a letter of claim and post a draft of it here

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BankFodder

BankFodder

Posted
Posted

Looks as if you have done all of your reading very thoroughly!!

 

 

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BankFodder

BankFodder

Posted
Posted
Quote

Dear Asiya

Ref no.XXXX

Thanks for your response to my letter of claim.

 

Would you prefer me to wait out the entire 14 days before I issue the papers or can you confirm that you are waiving the 14 day warning period and that I can issue the claim straightaway?

If you aren't sure then ask Martjin.

Warmest regards

XXXX

 

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BankFodder

BankFodder

Posted
Posted

No.

Prepare the claim now and issue on day 15.

Post a draft of your proposed claim here

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BankFodder

BankFodder

Posted
Posted

Don't send further particulars.

Do it all at one go.  Otherwise it gets complicated.  What else do you think you need to tell them anyway?

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BankFodder

BankFodder

Posted
Posted

I'm afraid that you will need to be far more careful. If you are simply relying on copying and pasting without checking your work then you are going to end up bringing a court action which you might lose and which will certainly cost you money.

You need to have read sufficiently that you understand what you are doing and you are fully in control

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  • 4 weeks later...
BankFodder

BankFodder

Posted
Posted

Thanks for the update .

 

 

Please will you post up the defence in PDF format when you receive it .

 

 

 

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  • 3 weeks later...
BankFodder

BankFodder

Posted
Posted

Thank you .

 

Yes, you are correct about the process .

 

Keep doing your reading.

Ask questions here if you want .

 

Just know when you get the DQ.

Resolve not to give a single inch. Call their bluff and be prepared to go to court .

 

The mediator will ask why you aren't giving some ground .

 

He also is that it is your case to do as you want and in any event, if they settle your claim in full they will escape a judgement against them on the issue of third party rights which would destroy their defence for future claims against them.

 

 

 

 

 

 

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  • dx100uk changed the title to Lost eBay Laptop for £430, Packlink/Evri - EVRI PAPLOC/Claimform Issued
  • 2 months later...
BankFodder

BankFodder

Posted
Posted

But it would be nice to have an update.

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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...
BankFodder

BankFodder

Posted
Posted

Thank you. Keep us updated with any dates et cetera

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  • 3 months later...
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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  • 2 weeks later...
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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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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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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