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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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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.

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Evri lost £200 parcel - Online Civil MoneyClaim ( OCMC ) issued.


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Posted (edited)
Last August Evri lost a parcel worth £200 which I was returning to a retailer for a refund. 
 
They refused to compensate me as I hadn't taken out their extra 'insurance'. 
 
Having spent some time emailing their Customer Services team, Head of Legal and their CEO, quoting s57 and s72 of the CRA, I gave up and submitted a claim on 12 February. 
 
They were given an extension of time to respond (without any justification as far as I could see) until 4pm today. 
 
Just now I was notified that they had rejected my claim and suggested mediation.
 
  I've had no other contact from them since I issued the claim. 
 
I suspect this is just another delaying tactic and am inclined to refuse mediation, especially in light of the advice I have seen from this Group.
 
I note you say you can provide transcripts of previous judgments to anyone going to trial - could you let me know how to access these please.  And could you please let me know what more I need to do, if anything, in the small claims court procedure, in order to ensure success?
 
  Is there any risk I might lose and so would be better off agreeing to mediation?  I understand that they usually settle via mediation and the process is much quicker?
 
I am very loathe to waste yet more time on this, but am infuriated that they are getting away with what appears to be an unlawful trading practice. 
 
I wrote to Radio 4's You and Yours programme to highlight this issue a few months ago and got no response.
 
  Apart from the Times article which is posted on your forum I haven't seen any publicity, which seems incredible.
 
Many thanks in advance for your advice.
 
Edited by dx100uk
Post spaced please don't post solid blocks of spaced.
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Welcome to the forum.

Topic title amended for clarity.

How did you submit your court claim ? Northampton MCOL or the new Online Civil Money Claims ( OCMC ) ?

The claimant had up until last Friday (4.00pm) to submit a defence.

 

Andy

 

 

.

 

 

We could do with some help from you.

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Hi Andy

I used the new online service.  The deadline was 4pm today and their 'response' was submitted a couple of hours ago.

Although they've accepted they lost my parcel, they've disputed my claim and have put me to 'strict proof' of its value (I originally submitted a screenshot of my payment to the retailer, which was the only evidence I had - I couldn't find an email from them confirming the order or an invoice unfortunately).   

Their response went on to say

"the Defendant denies that it offers ‘insurance’ as described by the Claimant, the Defendant offers a Full Cover optional service to increase the available compensation level.

It is denied that the Defendant’s terms and conditions are contrary to the Consumer Rights Act 2015, the Defendant limits it’s liability to its customers within its terms and conditions, the Defendant does not remove the rights in their entirety." 

They then went on to rehash their terms and concluded

"19. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £27.96."

Incidentally, although they say they paid me £20 compensation plus postage of £7.96, I only received a payment of £20 from them (on 15 November).

Thanks

HP

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I think it would be helpful to the team if you could please upload yor particulars of claim and their defence...

  • I agree 1

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

 

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I'm not the most technically competent!  Can I try cutting and pasting into a word doc instead for you? Sorry!

Very grateful for any advice you can give with this. 

PS I'm going away tomorrow for Easter and it will be difficult to access your forum and the Small Claims court website while I'm away so am hoping to make a decision as to mediation or not today if possible, to move on to the next step, unless you think that's too hasty.

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word document isn't good either, it contains all your pers info in the file details.

take a screenshot and cover up any pers info in MS paint or a similar program. Then collate the files and save as a pdf using an online tool.


See upload <--

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

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  • AndyOrch changed the title to Evri Claim in small Claims Court (Online Civil Money Claims ( OCMC )system )

Don't use doc all your peers details are in files info/properties

File save as. Pdf then options.. U tic properties box.. Save

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... 

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doc file removed and threads merged.

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 OTHER

 

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

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When they do aos they automatically get an extra 14 days. 

Dx

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... 

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Hi Dx

My query is whether to accept mediation?  What would that involve? 

If I refused to accept mediation what more would I have to do to continue with the claim, other than provide the evidence referred to in my claim?  Is my claim guaranteed to succeed?  Could you let me have access to the judgments against Evri which I've seen reference to here?

I'd like to make the decision today if possible, before I go away, rather than have it hang over me.  Not sure I've got the appetite, or the time, for a court battle, but I'd like to help in exposing what seems to be an unlawful and widespread business practice.

Thanks

HP

 
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  • dx100uk changed the title to Evri lost £200 parcel - Online Civil Money Claims ( OCMC ) raised

go on to the OCMC site agree mediation and state the dates you are not available.

 

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... 

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  • AndyOrch changed the title to Evri lost £200 parcel - Online Civil MoneyClaim ( OCMC ) issued.
  • 5 weeks later...

Hi there

I accepted Evri's offer of mediation but they didn't attend - the mediator couldn't get hold of them during the time slot we were given!  So the court issued a direction that the case needs to go to a hearing as mediation 'failed to resolve the issue'.  I've written back to the court to point out that it didn't 'fail' they just didn't show up, and asking that a judge deals with this on the papers as the issues are clear and Evri has said they aren't available on any date up to the end of June for a hearing (just another delaying tactic I suspect), so this delay would go against the whole point of the small claims proceduare to settle claims quickly. 

Evri had requested a hearing and have a right to respond to my request to review the order, and I don't know if the court will agree with me, so while I wait for them to respond I suppose I should start preparing for a hearing and get together the further information the court has asked for?

Would you be able to let me know how to get hold of the 3 precedent judgements on this issue which I've seen referred to on the forum please?

Many thanks for your help.

HP

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22 hours ago, Happy Potter said:

I accepted Evri's offer of mediation but they didn't attend -

Not Evris offer, the court offers mediation service.

 

22 hours ago, Happy Potter said:

So the court issued a direction that the case needs to go to a hearing as mediation 'failed to resolve the issue'.

All claims proceed to hearing if mediation fails /not happen.

 

22 hours ago, Happy Potter said:

I've written back to the court to point out that it didn't 'fail' they just didn't show up, and asking that a judge deals with this on the papers

Why do you not wish to attend in person to stand your claim ?

 

 

22 hours ago, Happy Potter said:

I suppose I should start preparing for a hearing and get together the further information the court has asked for?

Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.

 

https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007

 

Andy

 

  • I agree 1

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 OTHER

 

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

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It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are.

For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that.

You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial.
You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part.

Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything

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Thanks BankFodder - I have spent some time on the site trying to find the judgements but I'm not very savvy and don't know how to navigate this sort of site!!  Sorry to be stupid, but where do I find the 'fixed topics'?  The only judgement I've been able to find so far is the Farooq one, which seems to be more about third party rights than the 'insurance'/unfair contractual term issue.

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Start off by clicking this link

https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/

that will take you to the beginning of the sub- forum where you will have all the topics which have been posted – listed.

The first 10 or dozen or so titles referred to threads which are "pinned" and that means that they are fixed and they tend to be information threads and are not threads which have been posted by people asking for help.

If you cast your eye down the various titles you will start to understand what the subject content of each thread is.

Eventually you will get to a shaded bar which is labelled "other topics". That shows you the beginning of the various request for help that have been made by people including yourself.

You will probably find your own thread at the top of those or near the top. The order changes according to the most recent which has been posted.

Start using the forum more and you will get to understand the pattern. If you don't visit very much then it will always be a stranger to you

 



image.png

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Thanks so much - that's really helpful - I think I'm getting to grips with how to navigate around the site now with the benefit of your instructions!!  Sorry to be such a luddite. I'll carry on reading and will start putting the documents I need together.    

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