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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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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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Posted (edited)

Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them.

I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs.

The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill.

So am pleased to say the judge found in my favour.

Hearing lasted about 75mins.

Evri has been ordered to make payment within 21 days.

Also nice to meet @jk2054 in person.

Edited by occysrazor
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  • AndyOrch changed the title to Evri lost my Ebay parcel £844 - court claim issued ***Judgment***

Well done topic title updated.

 

Andy

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Well done. It's an excellent result and also extremely interesting that you managed to establish a direct contract with Evri.

 

I am sending you a private message

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Thank you everyone! 

thought to share some points from my experience in court today that may help others who are taking Evri to court:

  • The judge sets out how the hearing will go and how each party should behave;
  • while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease;
  • refrain from talking to the other party and instead speak to the judge if you have any questions/responses;
  • the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this;
  • the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care;
  • the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning;
  • While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate;
  • above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item.

@honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate.

@BankFodder message received and i am replying to it

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My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me.

I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?

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You will receive a Notice of Judgment with details of the judgment and payment details

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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 - The National Consumer Service

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6 hours ago, occysrazor said:

My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me.

I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?

yet in the post he said

6 hours ago, occysrazor said:

 

  • while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease;
  •  

nah you looked and sounded pretty confident tbh compared to some Lip’s ive seen

I was slightly worried when the advocate said your name and walked towards someone in sports tracksuit tho ill be honest 😭

also that advocate should get done for contempt too outrageous behaviour 

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underpaid paralegal

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  • 2 weeks later...

Congratulations. I have a very similar case open against EVRi whereby I sold a watch on eBay and it never arrived.

They are claiming that my contract is with Packlink, much as they did in your case.

I have read this entire thread and while the legal language and specifics are a little daunting in all honesty, It's very pleasing to see that you were successful with your claim. 

Thank you also for posting your WS and bundle which, if my mediation is unsuccessful, will become very useful for me.

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Please note also that Cagger @occysrazor has helped us to apply for the transcript of the judgement which will be available to everybody and will be available to you free of charge if you go to trial.

I hope that if you go to trial and you also succeed – as you surely will – that you will help us get the transcript of the judgement in your case.

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That would be very helpful I'm sure. And absolutely I would endeavour to get the transcript if my case is successful.

Am I right in saying that I should use and quote this case in my mediation?

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Posted (edited)

@ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread).

I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case.

I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also).

As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel).

Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance.

Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case).

Good luck with your case.

Edited by occysrazor
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@jk2054 Received the order of judgement today and Evri have also paid.

@BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered).

However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc. 

It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs.

The screenshots are in the attached pdf.

You'll note that

  • A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services.
  • In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company.

Delivery service selection on Packlink (redacted).pdf

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