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    • why not use our default holding/no paperwork defence in 100's of recent card claimform threads here already? not sure wherever you got that from but its not ours, not present day. dx    
    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Then we will be able to help you Thank you
    • after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DEFENCE  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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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 lost my return parcel, refusing to pay/cover


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Posted (edited)

I recently bought some clothes from a US website called Hello Molly (I am UK-based), and returned those that didn't fit. I (*foolishly*) used Evri international courier service, it's been almost 2 months and the parcel is clearly lost. The value of the parcel was almost £1,000 and I paid £114 for the delivery and they are saying all they'll cover is a laughable £20.

I have screenshots of the entire process proving they did not state that they only cover £20, nor did they offer me the option to buy more insurance. This might potentially be a glitch/bug as others in a forum I've posted in have tried the process and DO get this notification. I'm wondering if this can help my cause. I input the value of the parcel and have since provided them with proof showing how much it was worth.

The retailer is saying they won't cover this because they don't offer the returns service and it was something I arranged myself. Evri is refusing to take any responsibility and ignores most of my emails. I've tried emailing the Evri CEO but apparently, this has nothing to do with him because this is Evri International. I'm really stressing about this as it's a lot of money I'll be losing (over £1,000).

Do I have any rights here as a consumer? Can my bank help? (it was a credit card payment). Any help anyone can offer would be greatly appreciated.

Edited by hkk92
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If you check the website carefully, you will probably find that you didn't contract with EVRi you contracted with parcel2go.

It doesn't make a lot of difference. They are all out of the same stable but anyway the claim you will be making will be against P2G.

Double check that I am right.

Start off by reading the stories on this sub- forum and also the pinned topics at the top. This means lots and lots of reading. The process is fairly straightforward but you need to understand what you are doing because although we will help you, you need to be confident and in control.

Read lots of the stories on the sub- forum.

Also have a look at this thread which has just begun involving the same company

come back here when you have done the reading. I suggest at least a couple of days

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@BankFodder thank you for your response and for the link - will spend some time getting really familiar with these other threads. Very saddening to know this is happening all the time, but love that there's a community willing to help and fight! 

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