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    • new subheading under paragraph 25 – The defendant is fully aware of third party beneficiaries new paragraph 26 Any denial by the defendant that they are unaware of the existence of third party beneficiaries to their contract with Packlink would be quite untrue. The defendant routinely sends out notifications to parcel recipients informing them the parcel which they are carrying on behalf of the broker is about to be delivered. Please find examples at – bundle X X X, X X X 26. 1) In the absence of any explanation the defendant’s denial should be disregarded.  but in any event,   If you have a look at the pinned thread at the top of this sub- forum relating to third-party rights, you will find several examples of notifications which have been sent by EVRi to the recipients of parcels warning them that their parcel which is being carried on behalf of QVC, Packlink – et cetera is due to be delivered. I suggest that you use a couple of these as examples of how EVRi is completely aware that there are third-party beneficiaries involved. If EVRi tried to say – "yes, we knew that there was a recipient that we had no idea that there was a sender…" Well, could they really be that stupid? I suggest you incorporate that, make the tweaks which have been suggested by @jk2054 and that's it. That would probably be the final version. You've worked hard on it – but hopefully the constant repetition will mean that you are absolutely fluent if it actually goes to court. EVRi are watching this of course and I don't really expect they are looking forward to having a judgement on this against them so I can imagine that they might reach out to you before the trial and make an offer. Have you paid the hearing fee yet? I don't think you have. I can imagine that they are waiting to see if you pay the hearing fee so they know that you are serious. Of course is not guaranteed but I would expect that they will try to prevent this going to trial. You should hold out for every penny. And if they want to make an offer to you under conditions of confidentiality then you should refuse. Confidentiality is not part of the claim. That something extra. If they try to impose a condition of confidentiality then you should tell them that this would cost them extra. I would say thousand pounds is probably cheap for the trouble that a judgement against them will cause them. Keep us updated of any approaches by EVRi – either on the forum – or by email if you prefer to admin email address. Let's see your final version
    • Hello I’m also going through the same at the moment for £300. Icon went quiet for a month or so but just received another text this morning to say “Notice of likely CCJ/Enforcement due to non-payment”. I’m still ignoring as per all of the threads on this but every time I get a text I still like to have a read up just to check advice hasn’t changed so good to read this thread! Thanks
    • They have now closed the account.
    • Here are two more notifications from EVRi to the recipients of parcels that their parcel deliveries are underway and will be arriving soon. One is a parcel which was organised by QVC. Evri - QVC.pdf The second one is a parcel which was organised by Packlink.   Evri - Packlink.pdf It is clear that EVRi are fully aware that there is a third party beneficiary – the recipient. It would be extraordinary if they try to say that yes, they were aware that the recipient was a beneficiary of the contract but they were completely unaware that there was a third party sender.
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    • 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. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Employer Not Paying Wages


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Please will you tell us the name of the company.

Also, how much are we talking about?

How long has has she been working there and has she accrued any holiday pay

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Also please tell us the precise date that she left the company

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I have put the word out to one of our people @Emmzzi who is extremely knowledgeable about employment law but in the meantime I would suggest that you make an immediate complaint to the employment tribunal.

You have a very short time to do this – the time limit is three months and I understand that your daughter has already left her job nine weeks ago.

You need to get this going.

She would be claiming unfair dismissal on the basis that she has been constructively dismissed. It's a long time since I've done this kind of stuff but I can tell you the constructive dismissal if actively means that the employers have created a situation which is so intolerable that they have effectively dismissed your daughter even though it was her choice to go.

I would say that not being paid for any particular period of time would be an intolerable situation and she will be justified in leaving. She has been working there for more than two years and presumably more than 16 hours a week so she has employment rights.

The other reason you need to get going is that presumably this company is in trouble and they may pull the plug before you know it and then there will be no action before the employment tribunal or elsewhere.

As a backup action, you can also sue in the County Court – but unfair dismissal damages would be far more interesting.

Hopefully @Emmzzi will be along before too long and will either confirm what I say give you further advice or give you better alternatives.

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  • 1 month later...

If you are going to go the County Court route then given the fact that it has gone to ACAS and you have your certificate, I would say that this is probably a good basis for dispensing with the letter of claim and going straight to MoneyClaim.

I would suggest in that case that you send them an email today saying that you will be issuing the claim on Tuesday if they don't make an immediate payment to you – and provide your bank details.

Once you have issued the claim, then wait for the 14 days to adapt to see if they file defence. C the defence but be prepared to apply for summary judgement immediately.

Look up CPR 24 on the County Court website and you will learn something about summary judgement – which basically means that you argue to the judge that there is no chance of success and that the court should award you judgement without even going to trial.

You are dealing here with a business which appears to be in trouble and you probably need to get your foot in the door – get a judgement at least so that you are a preferred creditor – and then get the judgement transferred up to the sheriffs for High Court enforcement.

 

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It is called "piercing the corporate veil" – and it is pretty difficult to do. You would have to show some real wrongdoing in order to get beyond the limited liability protection.
Look it up on the Internet – by all means include the CEO unless you find a downside. I'm afraid it's in a bit out of my experience.

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Incidentally, an application for summary judgement – CPR 24 – would have to be made by application notice form N244 which I'm afraid will cost you about 250 quid although you will have that sum awarded to you once you get judgement.

Of course the problem is always will be enforcement but I think that speed is of the essence here.
 

As @Emmzzi has pointed out, the IT route is probably going to take a long time.
However, if there is any money outstanding in lieu of notice or holiday pay – I don't see any problem adding that your County Court claim.

 

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There is no need for you to use a solicitor in this case.

I am quite sure that you can start the process off yourself and it seems to me that there is no defence to the facts at all.

The main issue will be a question of trying to press ahead for a good level of compensation

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Now here's a little problem that I'm not certain about.

I'm not sure if you can run parallel cases on basically the same issue – although until somebody stops you I suggest that you go ahead with the caveat that if you can't and you pay some claim fees, it may be that one of the claim fees – either for the IT or for the small claims court will probably not be refundable.

I don't have time to have a look round the Internet at the moment – maybe you could search and see can you bring simultaneous claims for unfair dismissal in the industrial tribunal and also bring a parallel breach of contract case in the County Court.
It may be that you can bring breach of contract case in the County Court and then explained to the IT that you are seeking a reduced settlement for unfair dismissal to take into account the money you have received through the County Court system.
I'm afraid I really don't have the answer to hand.

Maybe @Emmzzi or my site team colleague @Andyorch will have an idea.

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  • 6 months later...

Brilliant. That is an amazing result 

Who are the owners all the senior managers of the company? Maybe it's about time to put their names on in the internet.

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You will have to instruct the sheriff's

What's supposed to real question this whether they wind themselves up before you can get to them

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Once you get the judgement I would suggest that you start sending copies of it to all of their customers that you know of

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  • 4 weeks later...

HCEO not bailiffs

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