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    • 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 there 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
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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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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www.scan.co.uk - £150 PC items paid via PayPal didnt work - now claiming i damaged them!


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Hi,

Hope someone can give me some advice. I bought a computer motherboard from a UK seller. 
 
When it arrived I put the system together, it wouldn’t post. The motherboard LED’s showed a fault with both the ram and CPU. As they were also new, I thought it unlikely that they were both faulty. But with no way to check, I disassembled the PC and followed the seller's return procedures, as I had no way to test which part was actually causing the fault.
 
The seller has come back to me saying the damage was caused during installation and as such they won’t refund or replace.
 
I genuinely don’t believe it was caused by myself. And quoted both the distance selling regs and consumer contract asking for proof I damaged the item and if they couldn’t provide it then a full refund or replacement.
 
They’ve replied with this
 
“With regards to the damage found, this is consistent with installation damage and would have been covered under our insurance if this had been taken out. To however be clear, this was not an accusation of you causing such damage. We are only advising of the condition in which the goods have been received back at Scan. As the goods had been installed, with no damage being reported at any point, this would be deemed as evidence that the goods were not received by you with physical damage. Prior to any form of testing or processing, all goods are subject to a routine inspection. As part of the inspection process, our checks not only cover the item, but also the packaging in which the goods have been received back in for any signs of tampering or transit damage. In this case, there is no evidence to suggest either.
 
With regards to the Consumer Contracts Regulations, this outlines your rights for goods that have been sold at a distance. For goods that are unwanted/non-faulty, returns would be carried out in accordance to this. The goods would be required to be returned in the same condition as sold and complete. As a fault had been reported in this case, your return was initiated in accordance with the Consumer Rights Act 2015. Unfortunately, due to the goods being received back with physical damage, we are unable to process the goods in accordance to either of these regulations.
 
In accordance with the information we have and the condition of the goods, we are unfortunately unable to issue a replacement or refund.”
 
Do I have any recourse here? I paid with paypal.
 
I’m currently out £150 and don’t believe I caused any damage.
 

Thanks for any advice.

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I will be if they don’t refund but again I don’t trust PayPal to do the right thing either. So it would be 50/50. 

If I have rights in this situation I’d like to know what route to follow in order to convince the seller to refund. 

And because if I haven’t then I don’t want to take money off them if I’m in the wrong.

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  • dx100uk changed the title to www.scan.co.uk - £150 PC items via ebay didnt work - now claiming i damaged them!
  • dx100uk changed the title to www.scan.co.uk - £150 PC items paid via PayPal didnt work - now claiming i damaged them!
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