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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EVRi lost my high value parcel - looking for mediation advice and any guidance


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Hi,

EVRi lost an item I sold on eBay for close to £3,000. I did not take out insurance. 

It was supposed to arrive at eBay's authenticity centre but never did, even though EVRi's tracking says it did, eBay confirm that it hasn't, that EVRi's tracking is wrong and that the picture provided by EVRi as 'proof of delivery' is not the correct location.

EVRi's response claims no responsibility and states that I should be claiming against packlink.

EVRi have been appalling to deal with in trying to locate my parcel, despite my raising the issue multiple times, I never even managed to get through to a person. 

I have claimed via the government's MoneyClaim service and I now have a date for mediation later this month.

I've read a few piece on this site which have been helpful. 

Appreciate any pointers, guidance would be hugely appreciated. 

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Please will you post up your claim form in PDF format. Also your letter of claim.

You say that you have read a few pieces on this site. You will probably need to do far more than that. I suggest that you take at least a couple of days to read the pinned topics and also many of the stories on this sub- forum. Also have a look at the witness statements which have been prepared with our assistance.

 

Also post up their defence in PDF format

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In particular, read this thread carefully.

it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis.

We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you.

It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999

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Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act.
How long have you been aware of this forum?
We will have to bring that out later when you do your witness statement.

Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything.
And in particular, as I have indicated, read the thread which I posted above very carefully and in particular read the details of the contractual terms which were discovered and get a copy for yourself.

Post a link to them in this thread as well for other people to see.

They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties.
You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court.

In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming.

We would strenuously suggest that you don't give up a single penny.

Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.

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Thank you for your help. I have only just become aware of this forum - I wish I had been earlier!

I plan to go through everything provided this weekend. 
 

Many thanks 

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Hi.

I am reading through the full thread and will continue to research.

I have come across a reference to a form called N180 DQ in the thread, but I cannot see any reference to this form in my case nor can I see it on the MoneyClaim website. Should I have been sent this form?

Thanks 

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if you use the new onlinemoneyclaim no you dont 

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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The main thing about your mediation is that you are entitled to everything you are claiming and not giving at all.

You should make it clear that you are not prepared to compromise and the only advantage they are going to get is that they will avoid having a judgement against them which will then be published on the Internet.

Stand your ground. That is what everybody else is doing and they are getting 100%. Even if it means it has to go to trial – stand your ground.

It is a lot of money and they have allowed your goods probably to be stolen.

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Hi.

on reading the thread you kindly posted, when trying to view certain attachments/items, including the claimant's witness statement, it says 'unavailable'.

Do you happen to know why?

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Please will you post a link to the post where those attachments should be

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I remember that there were several versions. We worked very hard at refining it – have you checked the whole thread. In order to clear away space I remember that I removed some of the files that the final version should still be there.

Have you checked the whole thread?

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I see now that the drafts have been deleted, and I have been able to download the final version.

I read the thread this weekend and am now going through again inclusive of attachments to ensure I have all the info.

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Would you mind posting the final version up here please. It will make it easier for us and other people who visit this sub- forum to find important documents.

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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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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

underpaid paralegal

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Thanks.

In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case.

And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.

 

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Complete waste of time to be honest. 

The mediator said EVRi were in breach of the terms of mediation as they have not reached out to me to try and settle, nor were they prepared for today's calls. He mentioned to me that the person they'd put forward was clearly very young with little or no legal experience.

Intererstingly he mentioned that EVRi 'know the ropes' and have 'several similar cases' against them so by failing to adhere to mediation terms they are not acting in good faith.

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