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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
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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.  

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      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.

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      Many thanks 
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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 Claim Criteria


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I've been looking for similar posts regarding EVRI and my situation and can't see anything similar so any help would be appreciated.

I sold 4 pairs of trainers on Stock X, paid for the shipping and insured them to the value of the items sold. 

I dropped off the parcels and received the EVRI receipt as per usual.

Checked tracking a week later as I had a chase up email from Stock X regarding one of the buyers not receiving their item, tracking on item hadn't moved from pick up shop since drop off.

I checked the other 3 and same issue no movement.

Contacted EVRI and after some back and forward emails was asked to submit a claim for all 4, I submitted the claim forms and the stock x sales receipt showing value, address of buyer etc as per their claims form requirements.

A few weeks later contacted by a claims manager Ian who said I needed to supply the original receipts for the items as the claim would not be accepted otherwise and the claim would be paid at the RRP value of the purchases.

I said this was not in their terms that I could see and had no relevance on my sale and subsequent booking as I insured the items as their sold value not their original RRP

I was told without this they would not be paying out on the loss of my parcels

He went on to cite an example - a pair of trainers I bought from a retailer a few years ago for £150 that have increased in value and are now worth £400 would only be paid out to £150 as per my original receipt.

I have no idea of the legality of this but it seems madness as my bookings were based on sold prices not what I paid originally that how reselling works

I also enquired whether the pair I sold for £250 but paid £320 for would be paid at the higher rate and I was told no as they were insured for £250, makes zero sense and I imagine ultimately I am going to have to take this to small claims based on others experiences on this forum.

I have supplied the original invoices/receipts for 3 of the items as that all I could find receipt wise as some dated back over 5 years ago but its been silent from the claims team for 5 weeks now.

 

 

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Please read up lots of the stories that we have on the sub forum about this delivery company.

I mean lots which will probably take you at least two or three days.

Monitor this thread for a further reply later on today or tomorrow

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As advised above, you will need to start of reading lots of the stories on this sub- forum. Not only about EVRi but about all the delivery companies. You may not find a direct parallel with your own circumstances but the principles will be the same and will be repeated and repeated in the various stories.

The second thing to understand is that we always managed to force them to pay out the money. However you will have to be persistent about it and it takes time because one of the methods that EVRi try to scam you is to try and reduce your will and to fatigue you. This is not only to try and frustrate your claim but also so that others who may be less resilient will give up rather than face it.

If you read up on the stories on this sub- forum you will soon understand firstly that the insurance which you paid out is unnecessary and unenforceable. It is contrary to section 57 of the consumer rights act and it is contrary to section 72 because it is a secondary contract intended to reinforce the limitation of liability contrary to section 57.

All technical stuff – but not very difficult – but just so you know.

As far as we're concerned, you will be able to recover the declared value of your lost or stolen items. It depends on the been properly declared in terms of the identity of the item and its value.

Please can you give us the date that they were sent, the date that they were considered lost.

Were they correctly declared and was the value correctly declared.

I understand that there were four separate consignments – presumably sent out under four different tracking numbers – so we can say that they were four different contracts.

They were all sent at the same time and I think we can say that it is beyond doubt that they were stolen.

Please list out the value of each parcel.

 

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