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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shock !!EVRI has lost my parcel PS5 - court claim issued


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Have a look what we have to say about good will gesture.

This is a nasty little company that goes out of its way to frustrate ordinary people who generally speaking don't have any legal help so that the company normally gets their own way.

They have no problem about wasting taxpayers money. About helping to increase the court backlog of cases so that people with legitimate claims are inconvenienced and of course taxpayers pay – and of course the parcel delivery companies simply parasite themselves on the back of it and when eventually they pay out, I am pretty certain that they set the payment against tax so that the taxpayer pays the burden as well.

This was entirely expected and I think I predicted it earlier on in the thread. They are trying to welch out on the interest element is a sort of face-saving gesture to themselves – and that is how much value they set upon their own pride.

EVRi are following the thread – so bravo EVRi. Don't forget that you are taxpayers as well so you are actually having also to shoulder the burden of money which eventually finds its way into shareholders and senior execs. At the lowest level I imagine very little finds its way into the pockets of the drones.

No problem about posting the documents here. Go ahead – in PDF format. I expect it will be just like all the others that have been posted here previously

 

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Check the figure they have offered you carefully. The absolutely certain that it doesn't include the interest element. If it does really meet the entire value of your claim including interest and costs then you have to accept. Even if they do try to say that it is without liability et cetera – the usual nonsense.

If you turn down an offer which is equal to the value of your claim – that if it goes to court you are at risk of having to pay the costs of the other side even though you lose because a judge will consider that it was unnecessary to bring the matter to trial.

So do your calculations.

 

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it is a real shame the law does not protect us from these companies with regards to our time, never mind interest. Being in the military I left the house at 0500 this morning and walked back in just after 1930hrs. I am then having to deal with this, taking me away from my family, during this fight my father in law spent 6 weeks in a coma, my wife beside his bed, over 400 miles from me. This company have dragged their heels, knowing full well they are in the wrong, causing untold amount of stress. That is not to mention the stress at Christmas when we had to purchase an additional PS5. Yet, like you said, they can drag it out and offer a good will gesture.

If the law compensated us for our time, then they may think twice about fighting these claims, well, trying to defend these claims.

If it was not for you and the other admins, they would 100% get away with a lot more

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Post up their witness statement lets go.

PDF attachment as from the email.

Also post up a copy of the text of their email

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Posted (edited)

Up to you really.

 

I'd redact your address and full name but case numbers make no real differnece because nobody can do anything unless they have claim number, email, address, and name

 

BUT

 

please post up the contents of EVRis email ASAP, im curious to see what they're saying

Edited by jk2054

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Dear .......

 

Claim No.: 

Parties: .... v EVRi Parcelnet Limited (Evri)

 

We write in relation to the above referenced matter.

 

We would like to take this opportunity to apologise for the issues that you have experienced while using our services. In this instance, Evri recognises that the services provided to you have not been in line with the usual high standards that are expected.

 

Notwithstanding the above, we write with a view to settle the matter and as a gesture of goodwill with no admission of liability, on this occasion, Evri are willing to offer you £490.75 (the full amount claimed plus the court fee) in full and final settlement of your claim. 

 

If you would like to accept this offer, please provide us with your bank account details, including the name on the account, at your earliest convenience and we will arrange for the payment to be made. Once bank details have been provided, please allow 14 days for payment to be received into your account.

 

We look forward to hearing from you.

 

Evri Legal Department

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Yes you may as well act in a spirit of cooperation by telling them that it's not deal unless they pay the very last penny – but other than that you won't budge.

You can also tell them that if they really want to make a gesture of goodwill that they could at least pay that amount of money and then you will fight out the interesting court. Tell them that you are prepared to go all the way but as they are monitoring this forum and your thread, they know that already anyway.

Tell them also that they better remember your name because if they do this to you again you will be coming for them again

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Posted (edited)

Please see attached  defendant witness statement 

Interest is currently £7.40 owed 

I do like the fact they are sticking to their defence that my wife is not the customer and then on page 19, name her as the customer 

Defendant WS - -1-1.pdf

Edited by Nicky Boy
More Personal info Redacted
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Have you responded to them in writing about the outstanding interest?

You need to make response in writing and explain why you are accepting the offer and telling them what they need to do in order to bring the litigation to an end – meaning, the interest payment.

Please post a draft here

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I've got a feeling that maybe the OP went back and got paid but is now bound by confidentiality like mediation maybe?

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Mick,

I've redacted your last upload further. You left full names, titles, email addresses and physical addresses showing.

If you've been bound by a confidentiality agreement, you can message Bankfodder to let him know...

It will stay confidential, allow us to draw a line and possibly lock the thread.

We could do with some help from you.

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Hi all,

 

Sorry for the delay. I have replied back to their email stating along the lines of:

I am extremely grateful for your apology and recognition that the service has not been to the expected standard.  

I am sure you will also agree that my family should not be out of pocket due to the lapses in your service, and therefore, I would like to offer you the opportunity to accept my counteroffer.

I then went on to list the Interest £7.40 and provided evidence of the postage costs of the letters, court bundles etc. The total cost of interest plus letters was £20. I then made a counteroffer to settle at £510.75 

 

I hope that is right.

 

I have not signed a a non disclosure form.

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  • 2 weeks later...

Evening all,

 

So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating

'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.'

I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.

 

What are people's thoughts? I am sure our courts have better things to concentrate on?

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Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅

We could do with some help from you.

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I would stand your ground and go for the interest.

Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee

However, it is almost inevitable that you will get the interest. 

It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases. 

I think you should stand your ground and don't give even the slightest penny away

Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway

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Posted (edited)

I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.

 

Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%

 

Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made 

 

Up to you though but the wait will be 3-4mo for a trial date at least

Edited by jk2054

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Thank you all

 

JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.  

As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.

 

Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me.

I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 

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  • 3 weeks later...

Evening all,

 

I have deliberated over this offer for two weeks and I have decided to take their offer. I do understand that some may prefer us to go to court and receive a judgement but with our personal circumstances and my current military commitment that could become an issue.

I am so grateful for all the help and support you have all offered me over the last few months. I will continue to monitor this site and push all those that are being wrong to get in touch.

 

Thank you! what you all do is truly amazing!

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Thanks for updating us. Your decision is very understandable. Don't worry.

You have done very well standing your ground against these people in a way you have and you have got everything you wanted bar just a very few quid.

Congratulations

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