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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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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.  

      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.

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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.

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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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Proof of ID to receive refund from online store


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On 17/07/2023 at 01:09, Manxman in exile said:

But the OP doesn't have a contract with Evri  DHL to deliver it.  So what is the legal basis of the claim? 

If A purchased B from C, but C used D to deliver B to A, and the delivery failed, what is the basis of A's  claim against D?

Under the Consumer Rights Act 2015, the OP's legal rights are against the trader (C), not the courier (D). 

So what is the basis of the claim?  If the seller doesn't cough up, how does the OP persuade a UK court that Evri should pay up?

Is it Torts (Interference with Goods) legislation?  You haven't answered which (1) doesn't help the OP if they need to claim and (2) makes me think you don't know...

 

@dx100uk - So the answer to my question is...?

Edited by Manxman in exile
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ofcourse they do.

so you are saying that someone that orders something from ebay and the seller uses xxxx courier, over which the buyer has no control, and the item goes missing, they have no claim against the courier? :crazy:

that goes against i think now +50 wins nows here against various couriers...

as i said in post 8 last weds...get on with it. DHL cough nicely.

but as the OP has not logged in since AM thursday...dead duck..

dx

 

 

.

 

 

 

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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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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Thank you for your input everyone. I really appreciate your help. Of course I read everything as soon as it gets posted and I get a notification. I am not necessarily always logged in. 
 

Store said DHL claimed a signature release form? authorised them to leave anywhere. When I said I hadn’t done this, they didn’t come back to me again since last week. 

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Most recent reply from store, what do you guys think I should do…?

Could you please send us a picture of your driving license or if you don't have, your passport / ID , so that we can conclude our investigation?
 
In addition, we require a written statement of non-receipt (not the declaration sent before, just write on a piece of paper with your full details).
 
Should you require any further information or assistance, please do not hesitate to contact us.

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Hello 👋 has my thread been archived or something?

I have not received any responses (not that I am owed them but I am a bit surprised due to how helpful many different members have already been 😊) so was looking for any ideas what to do next.

Thanks 

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you were already told what to do but appear to have simply ignored the advice..?

dx

 

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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Share on other sites

5 hours ago, Pelatron said:

Hello 👋 has my thread been archived or something?

I have not received any responses (not that I am owed them but I am a bit surprised due to how helpful many different members have already been 😊) so was looking for any ideas what to do next.

Thanks 

Sorry if I've missed it but have you answered @BankFodder's question at #12?

If you paid by credit card you might have s75 claim if each item cost over £100.  (You say total cost was around £100?)  So far as I'm aware s75 applies to purchases from abroad just as it does the UK.

If you paid by debit card you may have a chargeback claim.

If either of those two applies, that would be my first resort.

If you paid by some other method I'd go back to them and say you don't have a passport or a driving licence, but you can provide a copy of a utility bill (as suggested by @Andyorch in #4).

Personally I'd only try issuing a court claim against DHL under the rights of third parties legislation as a last resort.  I'd have thought it was the one most likely to involve the most hassle and effort on your part...

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