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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
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      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.

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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
        • Like

Lost items sent through Parcel2Go and EVRi


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Hello,

 

Yes you do as HB said

 

Ensure to include what went wrong (i.e it was lost)

The amount claimed

set a 14 day deadline

 

underpaid paralegal

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Before you do any of the above – Stop!

You need to spend a few days reading up on the stories on this sub- forum so that you understand the principles and you understand how to go about making your claim.
We will help you – and you have a better than 95% chance of getting your money back – but you need to be in control of what you are doing.

We will help you – but this is a self-help forum and you need to have done the reading so that you are confident of each step and you know your way forward.

Please don't do anything at all – in particular don't send a letter of claim – until you have done all the reading and I would suggest that probably you will start drafting your letter of claim over the weekend.

Also, you haven't told us anything about what has happened.

We don't know dates, items dispatched, value, whether they were properly declared, whether you bought so-called insurance, you have been declined reimbursement but we don't know why.

If you want us to help you then you will have to give us this basic information.

Also the fact that you are an eBay trader makes this slightly more complicated although it doesn't at all affect your chances of success. 

Read the other threads on this sub- forum – and especially the pinned threads at the top in order to understand the principles. You also quickly understand the kind of help that we will give you and you will understand some of the draft documents which have been used in other successful claims.

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  • BankFodder changed the title to Lost items sent through Parcel2Go and EVRi

Sorry but please could you post this up on the forum and not in an attachment. Thanks

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Thank you JK2054 and BankFodder for your replies. The information requested is as follows:

 

My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay.

We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance.

As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery.

Evri allege they attempted to deliver on the 28th & 29th.

On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot.

We never received it.

I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected.

During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”.

After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website.

I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road.

I am sure this covers the current position but if further info is needed please let me know.

 

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Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract.

I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why?

Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?

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Appreciate your response BankFodder.

I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the

Supply of Goods and Services Act and Unfair Contract Terms Act 1977.

I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied

laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant

should be given judgment. Have I read this correctly?

The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from

my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt

that she will be willing to corroborate the events with a written statement.

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Okay. I suggest that you begin by getting a written confirmation of the evidence you have – in other words a written statement from your customer confirming that he did order from you, what it was she ordered, how she paid, that the delivery failed even though she waited in for XXX days.

Did she receive any email notification of the forthcoming delivery? If so you want to get hold of a copy of that. Did you reimburse her? Confirmation from her that she was reimbursed by you £XXX.

Any other evidence you can get all statements from anybody – get it in writing. Get it now so that you are fully prepared and you don't need to go back and ask later after you have committed funds to bringing a claim.

Draft a letter of claim setting out your case and what you are asking for – and a timeline of 14 days after which you will issue the claim.

Don't expect them to respond to this with any thing positive. This is simply a formality. You aren't bluffing. On day 15 you will issue the claim. If you have any doubts and we stop now.

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Thank you BankFodder.

I will do as you suggest to get everything in writing first and will construct the letter of claim over the weekend.

Is it best to use the format for the letter of claim as the one on this website?

Lastly, did I read the judgement correctly for the Farooq judgement as its not quite clear to me which act I am covered best by?

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The 1982 act And the 1977 act

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  • 2 weeks later...

That's what we're here for

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Quote

 

Dear Parcel2Go,

 

Re: Letter of Claim, Missing parcel delivery *******

 

As no acceptable offer has been made for the loss of my parcel it is apparent that court action may be necessary and I write in compliance with the Practice Direction on Pre-Action Conduct.

On the 25th March I booked through Parcel2Go for Evri to deliver my parcel to my customer.

The parcel was collected on the 25th March and arrived at the Evri hub on the 26th March.

Tracking the delivery status, first delivery attempt was on the 27th March which failed.

A second attempt was made on the 28th March which failed.

A third and final attempt was made on the 29th March which failed and the parcel returned to hub.

On the 2nd April the delivery status states that the customer refused delivery (my customer has confirmed in writing that no attempt was made to deliver the parcel).

On the 4th April it mentions that the customer refused delivery and that the parcel was delayed 24 hours but was back at the hub.

Last status on the 7th April was that the parcel was at the depot waiting to be returned to me - it never was.

I was informed by Evri support on the 20th April that my parcel was lost.

After three communications through your website message service and several emails I was informed on the 15 April by email from Parcel2Go that the driver attempted to deliver on three separate occasions and was now being returned.

I submitted requested documents for a claim of compensation on the 23rd April and received an offer for £20 compensation + the shipping costs of £6.72 which I rejected on the 27th April.

 

The contents of my parcel is valued at £370 + £6.72 postage costs and believe that, under Section 13 of the supply of Goods and Services Act, will seek full reimbursement if I do not receive a satisfactory response from you within 14 days.  If it goes to Court I will also seek recompense for time and stress caused.

 

Yours sincerely,

 

 

 

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I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.

 

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Just to update, received a revised offer of £75 from P2G after they got my LOC last Friday.

They stated that because it was not insured this would be their final offer.

Looks like we are going to court.

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Just to cover yourself, you should write them a letter in response telling them that you are rejecting their offer. That they know full well that their insurance is an attempt to limit or exclude liability contrary to section 57 Consumer rights act and is a secondary contract contrary to section 72. 

By the way was the offer made without prejudice or in confidence or anything?

Maybe you could post up their offer here please

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Thank you very much for your letter in regard to the above mentioned shipment. 
Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost. 
I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further. 

 

Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                 

In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days. 

If I can further assist, please feel free to contact me.

 

I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.

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Please post up your response here before you send it off.

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