Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Evri left parcel in full view on street


Recommended Posts

My parcel was actually delivered by Evri to the terrace house but the buyer wasnt at home ( sunday) the driver left the parcel on the 5 steps up to the door which is On the street and when the buyer came home the parcel had gone, he only knew it had been delivered by the card through the door.

He went onto the website to see proof of delivery picture which does show the parcel on the steps but who in their right mind would not think its going to be stolen ?

Ive messaged Evri opening a case but they have replied with " Parcel found" and case closed.

I didnt take out protection.

Would i have a claim because the evri driver has left the parcel so anyone could steal it ?

He might aswell of just thrown it out of the vans window.

 

Link to post
Share on other sites

Yes I think you will have a claim.

Please can you tell us more about it:
what was the item?
Was it correctly identified?
What was the value?
Was the value correctly declared?
I understand that you sold this item. Was this through eBay? To use 1/3 party broker such as Packlink or did you deal with EVRi directly?

Please answer these questions and also spend at least a couple of days – seriously, a couple of days – reading lots of the stories on the sub- forum. Most them will involve EVRi – but it doesn't matter if they involve other parcel delivery companies. The principles are the same.

It is important that you understand the basis of your claim and the way that it will go.

Answer the questions now, do the reading and then come back here in a couple of days

Link to post
Share on other sites

Thank you for that ...

I have read a few posts on here about evri but they were to do with Evri losing the parcel in their network and not having the item stolen once delivered, its the fact that the parcel was left in plain sight where anyone walking past could just pick it up.

The item was a cars power steering pipe worth £100 which i sold on ebay and ive refunded the buyer.

I used Parcel2go to book the postage with Evri and its value was declared.

I'll have a read through some posts and think about what to do , id usually just leave it but its the fact it was just left in plain view

Link to post
Share on other sites

Please read the stories and come back here. There is no reason why you should give up. Your chances of success are excellent. You have a picture of where the parcel was left. Maybe you could post that here please

Link to post
Share on other sites

Hi

So Evri using the tactic of Photographic evidence of the parcel at your front door so it has been delivered case closed really.

That parcel irrespective of there photographic evidence unless you agreed for them to deliver it in that manner has not been delivered as it was not handed to the customer so there excuse is a load of bull.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

6 hours ago, ProperDribbly said:

My parcel was actually delivered by Evri to the terrace house but the buyer wasnt at home

would have been nice if the buyer had responded to the email from evri asking what to do with the parcel before delivery....

be careful here, you have to prove evri acted irresponsibly.

it would be nice of the buyer would answer a simple question from you, has he had parcels from them before and stipulated delivery instructions?

that might help your case.

 

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... 

Link to post
Share on other sites

Hi,

I sent Evri a complaint via the Resolver website and attached is their reply.

I initially went through Parcel2go to book the delivery and apparently my case is with them ? But at least Evri have said that leaving the parcel wasn't a safe place ....

Evri's reply

"" Hi Andrew,
 
Thank you for getting in touch with your enquiry regarding parcel reference ........
 
Im sorry to hear that you have experienced a problem with this delivery and I can appreciate how frustrating this situation must be for you and your recipient.
 
 I can see that you purchased the shipping label for this parcel via Parcel2Go. While your parcel was sent using the Evri network, Parcel2Go are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you.
 
Here is a useful link which may assist you:
Parcel2Go Help Centre: https://www.parcel2go.com/help-centre
 
I understand that you would like to raise this as a complaint so therefore I am going to add the courier onto the non compliance list for leaving your parcel on the door step which we do not class as a safe location. Once the courier is added onto the list, the Field Manager will be fully aware and internal actions will be taken place.
 
We will ensure going forward, your parcels are delivered to your satisfactory needs but if you do require any further assistance on this matter then please do feel free to respond back to my email.  """
 
Now didn't take out extra insurance but surely I can claim with consumer rights ?
 
Link to post
Share on other sites

resolver is useless you should have written using royal mail.

as with 100's of threads here eVRI are your target.

delivery photos now as pdf in post above

 

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... 

Link to post
Share on other sites

Firstly, we asked you to do a substantial amount reading in order for you to understand the principles.

Have you done the reading? Your last question relating to insurance suggest very strongly that you haven't done the reading at all. This is a self-help forum and although we will direct you and guide you and help you with your documents, you must at least meet us halfway. We don't get paid. We are just volunteers and you have to take some responsibility.
It will also help your confidence and so that you will be better placed to take control of the claim as it proceeds through the courts – which is absolutely where it will go.

Please will you do the reading

Secondly, you raise a complaint to Resolver. When you do this? If you are seeking help from more than one source then we suggest that you stick with Resolver rather than try to ride two horses at the same time and received possibly conflicting and confusing advice.

Once again, what we do here is completely free. We don't want to compete with some organisation. The people at Resolver are paid and if you have gone to them then it is better that you stick with them so that we can get on helping other people who have decided simply to take advice from us.

Please will you clarify

Link to post
Share on other sites

As stated I used Resolver because I could up load pictures to Evri showing wider images of the steps Showing that the steps are basically on the street which you can Not do on their live chat.

I haven't done the reading No, I don't understand it , I've read The courier industry insurance requirements are unenforceable because: but I'm lost .

Anyway Thanks I'll leave it

  • Sad 3
Link to post
Share on other sites

I'm sorry you feel that way. We would suggest that you keep and try to do the reading. It will become clear and if you try to understand it and then ask us questions will be happy to help you.

However please understand that all information is here. We spend many hours helping people on the same issues and we don't have time to keep on repeating ourselves every new case.

You can win this and you will feel better about it and not only that, you will learn enough about the principles involved in the small claims process to be able to go on and be more confident about dealing with other companies who treat you in this way.

Link to post
Share on other sites

Morning ...

Ive been emailing Evri through Resolver which I'm using just as a portal to Evri nothing more and I've an update.

After several replies from Evri saying my contract was with Parcel2go so it's them who I need to contact and me replying with the Third right act ect ect Evri have today said I can make a claim through their claim process but I'm just worried that they will repeat that it's to do with Parcel2go and close the claim wasting time .

Should I go through their claim process or stick with the Third right act ... ?

P.s.   Thank you for the help so far, if it was for a smaller amount I probably wouldn't bother but £100 is too much to lose.

Link to post
Share on other sites

You have been bringing your complaint through Resolver so what do they advise you to do?

Why don't you simply stay with them?

Link to post
Share on other sites

First of all, the Resolver staff are paid. We are not. We are all volunteers. Therefore it is unhelpful to find people try to ride two horses at one time. They makes our job harder and it can create confusion because you can get conflicting advice.
If you want help from us, then we are very happy to give you the support you need but we are not interested in competing with another organisation and you really should make up your mind and we would suggest that you go to Resolver.

You start dealing with this only two weeks ago and it seems to me that you haven't moved on it at all. This would not be our style.
You would probably have sent a letter of claim by now and be on the verge of issuing court claim.

Why are you going against EVRi? Why not against the broker that used?

I don't understand why you felt that there was some advantage in communicating with the courier company indirectly through a third party intermediary.


Have you done the reading that I suggested? About two weeks ago you said that you have read only a few posts.

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

Link to post
Share on other sites

Yes I know the Resolver staff are paid you have mentioned it before and the fact that here is voluntary , I know.

As I've said , I am only using resolver to email Evri as if i go through the live chat there will be a case opened and then when they decide it will be closed and that's that,  where I've found if I go through Resolver that can't happen, now let's forget about Resolver.

I have NOT asked Resolver their opinion or help and they have NOT said anything to me. 

I opened a case with Parcel2go on the day of it being stolen and they opened a case which was closed the following day saying the parcel had been found which isn't what I asked for , I'm sick of them just closing cases it's like banging your head against a brick wall so I'm going for Evri

 question is , Should I accept Evri's offer of going through their claim process. 

Link to post
Share on other sites

I think you should send a letter of claim to p2g.

And in terms of forgetting resolver,  you are the person who keeps on bringing them up

Draft your letter of claim and post it here.

It's a shame about the delay. This could have been done almost two weeks ago

Link to post
Share on other sites

2 hours ago, Nicky Boy said:

Hi,  Thank you ,   I've already read that along with a few others

Link to post
Share on other sites

Waiting for your draft letter of claim.

Link to post
Share on other sites

sue parcel2go,

 

They're legal department are worse than evris.

They'll just tell you stories.

  • I agree 1

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you today?         Please Donate button to the Consumer Action Group The National Consumer Service

 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...