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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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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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Ebay New make offer/ best offer.


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So this came in September but l dont normally use the make offer system so was not aware of it. 

The system they have brought is is automatic payments for these items. You cant proceed with the offer without giving the payment details and address details. They have said its because they have had seller complaints of buyers not paying quickly enough or paying at all and to provide a faster service for the buyer and seller as they can then list more items quicker. They claim to have listened to feed back regarding this and had no complaints re it. A quick google search says some people have said the same things as me re this. Also ldont know how accepting a offer on something means they cant list another item or even wait a few hours if necessary. 

My concerns are if on pay pal you have many cards they will take off which ever card is preferred. But if you want to use a different card then it makes a problem eg bank charges, payment fails or going over drawn. Also the seller has 48 hours to accept the offer so who says they dont wait 47 hours to accept to see if they get a better offer. You cant take advantage of cashback sites or bulk postage if your looking at more than 1 item. Also is this legal? 

 

 

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WWW.EBAY.CO.UK

Best Offer lets you offer the seller a price you’re willing to pay for the item. The seller can accept, reject, or counter your offer by suggesting another...

 

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I know what it says. It is not May its will. 

I am just wondering if they have broke rules or laws and if they cause any issues come up due to this can ebay be held responsible. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I'm not aware of the specific legalities, although I would be surprised if they were blatantly doing something illegal in such a prominent way.

I can see this from the seller's side too, having come up against this issue many times over the years. As a seller, you can be conversing with someone over EBay messages, trading offers back and forth, finally accept an offer, only for the buyer to go completely quiet. I've long suspected buyers do this without having the means to actually pay, for example, maybe pay day is a week away, but they still want whatever item is for sale. The previous offer system allowed them to manipulate sellers like that, and it really wasn't fair. Once an offer is accepted, the buyer wasn't forced to complete, but the seller is forced to remove the item from sale.

You might say things have just swung too far in the opposite direction. I'm not making comment on that, merely that it was never fair, it just wasn't fare to the seller before.

Edited by theberengersniper
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I get that the seller would also have a bad time with this. I have done it myself but not deliberatly. It was a massive power cut and l was making the Sunday but it was late so hoping no reply till the next day.  

I know the easiest thing to do is avoid make offers but l dont thunk its fair to stop people who have never taken advantage of the system is being stopped from using a system and being able to use postage discounts etc. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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