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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri lost £2200 returns parcel to Solace London- Insurance not purchased


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Yes you should deduct it. 

 

I won't be able to read your PDF until tomorrow so standby for a response tomorrow late morning

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Why are you pleading the party rights? I thought you contracted directly with EVRi? Or did you use some third party broker?

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Quote

Claimant: Claudia Hill
Dated: 24th July
Case No: 428MC444
Between: Claudia Hill and EVRi Parcelnet Ltd trading as Evri


Particulars of Claim


I, Claudia Hill, of 1 Nashenden Farm Cottage, Nashenden Farm Lane will say as follows:
15th April - Returned a parcel containing XX value £XX which I originally brought from the defendants, a clothing brand "Solace London" as they do not offer a return service,

New para  posted With Evri via their website using their "next day service" Tracking no C00HHA0354593287


New para No additional insurance cover was purchased as unnecessary under Consumer Rights Act 2015.


18th April - Tracked parcel status was at "On its Way" on 18th April 2023 even though it was due to be delivered on17th April 2023 and remained at this status


24th May - PA replied to confirm parcel was not found at depot and the parcel was now deemed to be missing and they would refund me £20 + the postage I originally paid

therefore the defendants are in breach of their contract to deliver the parcel.


25th May - £25.88 unilaterally refunded back to me


I am now claiming the outstanding amount of £2200 plus interest and costs.

 


STATEMENT of TRUTH
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Dated the 24th Monday of July 2023.


Signed: ________________________________


Claudia Hill

I suggest that you apply the corrections that I have made.

Also it should be in numbered paragraphs and properly spaced.

Once you've done that posted up here again.

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21 minutes ago, CreamSoda2310 said:

This is fine.

59 minutes ago, CreamSoda2310 said:

What is this. I can't open the file

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Thank you. No surprises. They always manage to get it in at the last moment

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  • 4 weeks later...

Please monitor this thread for a reply this afternoon

Have they filed a defence? And have you posted it here in PDF format

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I'd like to start off by saying that it's a mystery to me why we have to prompt you to post documents which you have received. We are trying to help you and it is clear that we will need to see this information and it saves time if you just post it up without being asked.

As you can see in their defence, they have referred to your undervaluation of £999 – and I think I have already expressed the view that it is unlikely that you will manage to recover more than that.

It is clear that you will recover something. Your case is excellent of course because as we know, the insurance requirement is Unlawful under Section 57 of the Consumer Rights Act. Had you found some way of declaring value correctly then your £23XX would have been pretty secure.

I think if you go to mediation then the best you can hope for is that they will settle for £999. I would be very surprised if you manage to budge them beyond that.

If you go to trial then you can certainly argue the full amount. I think the worst that would happen is that the judge would find in your favour but only award you your £999. If you manage to make a sufficient case then you would get all you are claiming for – and we would certainly help you – but I've already expressed my reservations about your chances of success.

So I think it's up to you. If you think that you are prepared to settle for the £999 which is what I think you are definite get a mediation and is what I think is the likely outcome at trial then you could go to mediation.

Certainly, 1300 quid is a lot to give up and so you might well want to try your luck at trial and we will try to help you with inventive arguments and of course we will be extremely pleased if you win.
If you go to trial – I think there is nothing to lose, you will get your £999 – that much is almost certain – with some ingenuity you might get.

You choose

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You can certainly try for mediation and hangout for the 2300 and simply put your heels in and refuse to back down.

That way you wouldn't incur any trial fees. If the mediation fails or if you go to trial then you will certainly have to pay hearing fees equivalent to a claim for £2300. If you only win £999 then the cost you will be awarded will reflect a claim of that value. In other words you will lose a certain amount of your claim fee because you will have claimed more than you will have been awarded

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There are several cases on the sub- forum where people have gone to mediation and have written excellent summaries. You will have to hunt around a bit but it will be well worth your while.

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  • 3 weeks later...

Thanks for the heads up I have gone through previous post.

 

Mediation notes - please could you provide feedback....

 

On 15/04/2023 I returned items to Solace London of a total of £2200 using the defendant's next day service.
The parcel never arrived at the destination and the Defendant accepts that the parcel is lost as it was last tracked at their depot.

I am pursuing the defendant as I am entitled to do under the Contracts (Rights of Third Parties Act 1999).

The defendants are failing to reimburse me for items on the basis that I did not purchase their additional insurance cover.

The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

I am claiming for £2200 + interest per section 69 County Courts Act 1984 + court fees, which is due to Every unilaterally giving me £25.88 of small compensation already.

Dispute:  Did not purchase insurance

The courier industry insurance requirement is a very clear attempt to deprive me of statutory rights unless I pay an additional fee.

The rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. This is an attempt to restrict or exclude the courier's liability and is contrary to section 57 of the Consumer Rights Act 2015

Repeat: The defendant's requirement that the I should protect myself against the negligence or criminality of their employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

Dispute: Proof Evri knew the £ value of the items

I can prove the package was the exact same weight as when it was delivered to me via DPD

Dispute: Why I am not settling for an offer

I do not wish to waste the courts time and our time but I'm not here to compromise on my rights. The compromise is that we don't have to drag this out to court. I am under no obligation to accept any partial settlement.

 

Are there any other arguments or disputes you can think they may raise that I should prepare notes for please?

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There won't really be much of an opportunity to advance all of these arguments on the mediation process. Their main position will be that you don't have a contract with them and so they will offer you some compromise.

Stand your ground – decline the offer. If they want to offer the whole lot then it's a done deal. Otherwise then it's off to trial.

There really is nothing else to say

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  • 3 weeks later...

Hoping you can help!

 

I received an email to notify me that the claimant had responded so i logged in online where it advised me the claimant was requesting a mediation call we gave me an option to accept and submit which I did so.

 

I haven’t heard anything back since then so I have logged in this morning and it states my case has been closed because I did not respond, I just sat on hold for 2 hours until I finally got through to which he advised me I will now have to log a N244 form to reopen then case which will cost me £108 and then I can submit a complaint regarding the IT glitch. 
 

how can the system just be reliant on the online response if it doesn’t work correctly?! I received no letters either.

 

do you have any advice please? 
 

didn’t think this could get anymore stressful than it already is!! 

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If you filed and served a directions questionnaire N180 on time a claim cant be stayed.

We could do with some help from you.

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you are on the new system.

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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