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    • PAPLOC = Pre Action Protocol Letter Of Claim. Heres a handy guide to sme of the acronyms you'll see on the forum... https://www.consumeractiongroup.co.uk/topic/147286-posting-in-this-forum-and-a-z-of-motoring-terms/#comment-4399743  
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    • Are you still claiming Tax Credits / Universal Credit? They will likely take a small monthly amount off , if you are
    • So much for protecting our borders - Guv all just dog whistles   Office for the Independent Chief Inspector of Borders and Immigration to have budget slashed - Neal The Office for the Independent Chief Inspector of Borders and Immigration will have its budget cut by five per cent year on year, David Neal has revealed, Holly Bancroft reports. Mr Neal is giving evidence to the Home Affairs Committee in a one-off session on immigration after being sacked by James Cleverly. The home secretary said Mr Neal had “breached the terms of appointment and lost the confidence of the home secretary” after Mr Neal warned of “dangerous” failings by border force that he claimed were allowing “high-risk” aircraft to land in Britain without security checks. The Home Office had “categorically rejected” the claims, saying that Mr Neal “has chosen to put misleading data into the public domain”. You can read more here: Home Office sacks immigration chief after criticism of border security
    • "In an explosive revelation, Mr Staunton also alleged that the current Post Office CEO threatened to resign over a HR investigation into his own conduct. Mr Staunton said Post Office chief executive Nick Read had fallen out with the HR director “and she produced a document that was 80 pages in length” and there was just one paragraph in there about his own conduct and use of “politically incorrect comments”. Mr Staunton said Mr Read was “really quite upset” and threatened to resign a number of times. But just an hour before Mr Staunton’s testimony, Mr Read had denied - under oath - that he had ever having tried to resign."   I’m victim of smear campaign says sacked Post Office chair as he accuses CEO of lying WWW.INDEPENDENT.CO.UK Henry Staunton, sacked by business secretary Kemi Badenoch, gives evidence to Commons committee     see also from the post above "Carl Creswell, an official from the Department for Business and Trade said Tidswell had told Ben Tidswell that some board members might resign if Henry Staunton were not sacked)" Tidswell says he was right (See 11.14am.)"   So baden-ouch seems to be at the very least twisting the truth - no surprise there    
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Vinted/EVRI - £50 Nike trainers sold Via Vinted + their insurance - stolen while during delivery- court claim **settled in full**


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Thank you for this but you haven't answered the first question which is what Evri said when they rejected your claim

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Okay the particulars of claim looks fine. Technically speaking you aren't entitled to claim for the conversion because you were not the owner of the shoes. However I can imagine that the EVRi paralegals or whatever they want to call themselves are a bit too limited to understand the rules about the transfer of ownership when items are selected for sale so if you wanted you could put in a claim for £50 – although I wouldn't put any more.

However if it ended up it at trial, then a judge may well pick up on the fact that the item didn't belong to you and therefore you aren't entitled to claim for conversion.

If I were you I would simply leave it and just go for the simple reimbursement

Send the POC and keep us updated

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Just for your information

i went on to evri tracking website,  put in the tracking number and i get two delivered items from vinted which i never even purchased the ref number for the shoes i shipped back in august suddenly 'doesn't exist ' now.

Luckily i have screenshots from back then of who delivered it and all the other details,

i think its funny how they tried to delete their steps and how this can not be a error in the system.

Any thoughts on this ?

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Just wait and see what their defence is. That will help you make head or tail of what is going on.

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  • 1 month later...

Quick update on what's going on with my case.

They filed an acknowledge of service and just over 2 weeks after that, they then filed a defence stating

''I intend to defend all of this claim''

meanwhile I've been reading threads on here and getting my evidence together i now select request judgment right?

Asking as the guidance for judgment does meet the defendants response.

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Acknowledgment of Service

Claim number
XXXXXX
Claimant
XXXXXXXXXXXX
 
XXXX
Defendant
Mr Martijn De Lange
 
Address to which documents about this claim should be sent
Evri-EVRi Parcelnet Limited
Capitol House
1 Capitol Close
Morley
Leeds
West Yorkshire
LS27 0WH
 

Intention

I intend to defend all of this claim
 

Signed

I am the Defendant
Evri Legal Department
Legal Department
02/11/2023
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Mr Martijn De Lange filed an acknowledgment of service on 03/11/2023 at 08:05:36

A bar was put in place for Mr Martijn De Lange on 21/11/2023

Mr Martijn De Lange filed a defence on 21/11/2023 at 16:05:10

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they've filed a defence but what you've sent isn't the defence.

Likely the defence isnt upload to MCOL yet so you'll need to wait some time for it to be uploaded

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Do I gather that you have sued the CEO of EVRi in his own name?

 

Please could you post up and original copy of your claim form in pdf format

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Thank you. I'm afraid that you have made a serious mistake here. You have sued the CEO personally and not the company.

Of course it is the CEO who benefits from all the extra profit they make on fake insurance et cetera – but I'm afraid that they have good grounds now to object to the claim and you may find that this is what will happen.

If there had simply been a very slight error in the name of EVRi then it would have been just a technicality but this might be more serious and we will have to see.

I'm afraid that there is a very good chance that you are going to have to stop the claim again. I see that you pay £35 which means that you start the claim on paper rather than online would only have cost you £25.

Let's see what their responses that it may well be that you will simply get a short defence simply saying that you have sued the wrong person.

Normally you advise you to ignore this and simply continue and say that it was a technicality – but here it may be more serious.

Let's wait and see

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I have just checked a on the County Court website and blow me, it has gone up to £35.

It used to be £35 on paper and £25 online. I don't know if the paper fee has gone up as well

 

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Yes, I'm afraid it might find it amusing that the children in the legal department don't seem to have realised that they have claimed that they were the defendant even though it was their CEO whose name personally.

We will have to see if they wake up in time for the defence

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