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    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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      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.  

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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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      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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Couple of questions pls...


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I received my defence from Cobbetts on 13th. I sent back the response to the CPR part 18 request that i found in a separate sticky thread at the top of this page, and I included my Schedule of Charges. I havent included any response to there defence.

 

Do I need to send any sort of reply to that, or will my schedule by ok on its own with a covering letter and the copied text from the CPR part 18 sticky thread?

 

Also I last night received a letter from my local court with the questionnaire and am unsure on how to proceed. Would you advise to postpone any further action for a month, in the hope that Cobbetts will make me an offer. I did speak to Cobbetts yesterday to confirm they had received my schedule and they said they had and would contact me within a week or two.

 

Also i am unsure whether the £100 i need to pay to my local court will be refunded. If I pay the court and then Cobbetts offer me my original amount on the Schedule of Charges, this will not include the £100. Will I be able to claim this back either frmo the Court, or Cobbetts.

 

ANy help is much appreciated.

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Do I need to send any sort of reply to that, or will my schedule by ok on its own with a covering letter and the copied text from the CPR part 18 sticky thread?

That's fine

Also I last night received a letter from my local court with the questionnaire and am unsure on how to proceed.

Guide to AQ is in Bank Template Libarary

 

Will I be able to claim this back either frmo the Court, or Cobbetts.

 

Cobbetts

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People have different views on when to return the AQ, some like to wait to see if they can save the 100 quid and get payed out before, others, myself included, like to get it in early as this then means it will cost the bank another 100 quid.

 

The £100 AQ fee is reclaimable, but it's totally up to you when you submit this form.....so long as it's before the deadline of course.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Ok, thanks. I get paid this week, so may as well just pay the £100 now i think.

 

And just to clarify, it says in the guide to the questionnaire to tick that you dont want to delay by a month...if i continue and then Cobbetts make me an offer is it easy to stop the procedings? Thanks

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Yes it's easy to stop the proceedings. Once you receive your cheque for the full amount you will also get a Notice of Discontinuatiation, this will have to be filled out and returned to the court.

 

I havn't actually done mine yet as Cobbetts still owe me the AQ fee.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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