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    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
    • If I haven't referred to it before then please check out this thread another case where the claimant contracted directly with Packlink for a courier delivery service carried out by Evri. Please read this thread very carefully and eventually you will get to a point where the claimant – our OP – discovered some interesting terms and conditions and has referred to them in his case. He incorporated these into his witness statement and was given judgement – not on the basis of rights of third parties but on the basis of direct responsibility. I would suggest that use the witness statement as a model although we will want to see it before you file it off. When you find the particular post with the witness statement, please can you post a link to it here as well as a copy of the witness statement because I don't have the time to look for it at the moment and the thread is rather long. However it is very important to you and you should go through it very carefully indeed. We have applied for a transcript of the judgement and hopefully it will be along in six weeks or so. As soon as we receive it we will make it available on this sub- forum.
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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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Hi All - Help with Buchanan Clark & Wells?


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Just found this via my own research and could with a little help - received a Formal Demand from Buchanan Clark & Wells sent to my a home address but first parts of name not quite correct but surname is. Called number but was asked for my details inc DOB - declined if they couldn't tell me who/or what the debt related to apart froma company called Thomas Credit Ltd quoted in letter- pointed had no dealings with this company - I gave no details and we are ex directory - to the best of my knowledge I have no debts of this nature and no company has made themselves known to me previously etc. Sent written reply gving no further details as they were not willing to disclose themselves the nature fo the supposed debt - have also checked with checkmyfile which throws up nothing of the sort. Have now received Final Notice - should I just leave it or follow up and what with who?

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I would suggest sending a CCA request to see what this is all about a template can be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html and it is letter N that you want. I also suggest having a good read around the debt forum where that template in contained and starting a thread there.

Ex CAG helper ^_^

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  • 5 months later...

Hi

I have had a loan account with Barclay Bank, for approximately 4k opened the account in May 1996, I had problems and made agreement to pay them £1.00 per month which they accepted. In October 2001 they did not send me any paying in slips to make the payment. I forgot about it until I received a letter from Thames Credit in 2004 stating that I own them the debt. I did not acknowledge their correspondence although they keep phoning me and sending my letter asking for payment.

In June, I received a letter Buchanan Clark + Wells stating that Thames Credit was their clients and they were chasing the debt for them the letter headed said LEGAL NOTICE, this was in red bold caps. I got another letter on 2nd July heading VISIT BY DEBT INVESTIGATION OFFICER this was also in red bold caps letters.

The letter said………you were informed in our last correspondence of impending court action, as part of that process, we advise you that authority has now been granted to proceed with a Personal visitation by a Debt Investigation Officer as you home address.

If you address details are incorrect, or if there is particular time you wish the Officer to call we would ask you to contact us immediately on 0871 700 1547 in red again.

I also got a letter from GPB heading NOTICE OF PENDING LEGAL ACTION

At the end of their letter it said please note, are instructed NOT to enter into correspondence with you at this stage but to refer to BCW Group. You can contact them on the number above or at the address on previous correspondence.

What should I do now?

Any help would be appreciated.

Allwood.

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Hi

 

Everybodies circumstances are different but the following has happened since my last post - I have received various letters (threats...) re outstanding debt etc. I did send CCA request which resulted in half hearted reply but no details or docuementation with alleged debt way back in Feb this year (some reference to invoice etc..) - my circumstances are different in that I don't recognise the debt referred to BC & W and they cannot furnish any details. I subscribe to checkmyfile.com which covers all the credit reference agencies and shows nothing against me - apart from the search made by Bc & W prior to letters. Fortunately they do not have my phone number and still the letters that arrive are not in my name (it is similar). My thoughts are this - if they felt they had a good chance of reclaiming any outstanding money owed etc. why spend over six months with various threats letters etc. - you would receive County Court Summons and all the proper docuementation to support their claim would have to be in order etc. and for you to see. I took legal advice. (trading standards were useless...) All the letters I have received go round in circles and are made to knee jerk you into a panic reaction and start paying up. With regard to doorstep visits by BC & W (if these actually occur...) my advice is do not enter into any conversation and ask them to leave the premises (this is your right unless they have a court order etc..) - I briefed my partner with this so the limits were set etc. again they are trying to make you panic and start making payments. If you owe the money and depending on timescales this is a matter for you on deciding how to proceed. For your reference I have had about 8 letters threatening all kinds of action/visits from BC & W and various associated companies (the first one mentioned court etc.) to date nothing has happened, no negative entries have been entered against my credit rating and I have applied for a new credit card in this period with no problems! Keep postive and take good advice for this forum ( and legal advice if you can - FYI the solicitor I spoke to you recommended no contact or correspondence and let them produce the evidence for a county court to decide - just depends on your comfort zone..)

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