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    • Its just a case against a parcel delivery firm where parcel lost and a judge didnt agree that they were liable for more then insurance ws.   However my question is more about what the wording on the points of the order says which I copied above
    • Hi. I think we may need to know more about what has happened so far please, if you're able to tell us. HB
    • hi all, any feedback on the WS / bundle and the packlink invoice would be appreciated - they are attached in post #214 above. If no further amends are needed, please let me know. For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June.
    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
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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.
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      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 to all


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Hi I'm Challenged, literally by all this. Keen to claim back the unfair charges but not too sure how to start. Have known about this forum for about 6 months and now have the time to get stuck into doing what is necessary to rectify the wrong of my banks. Also, this is the first time I have been on a discussion forum, so not too sure how it all works !!!!

 

Looking forward to hearing the success stories and how I can also be successful with my claims.

 

I guess it is now, that the hard work begins......any one know the easiest , simplest way to approach this???

 

Also, with the huge increase in publicity regarding this, are people beginning to find it harder to claim or have claims rejected???

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Welcome.

 

First and foremost, before you start please have a thorough read of the FAQs. This is a must, no excuses. There’s a Step by Step guide here too. You should print these out to refer to later, so as to avoid having to ask basic questions.

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily. Here’s one to start with, which you should find useful later:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/53241-cant-find-what-youre.html

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time

 

This is a self-help forum and you must be prepared to put in the time and effort required. It’s your claim, your money and you cannot expect others to do all the work for you.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. At the top of each bank’s forum is a Successes forum where you can follow previous claims against your bank from start to finish.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help. Always stick to one thread, so people can see what you’ve done so far and therefore can give you better advice.

 

The FAQ’s, Step by Step Guide and all the info to get you started are here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Finally the Moderators and Site Helpers are having to spend far too much time dealing with unnecessary and avoidable errors in claims caused by impatience, ignorance or just plain laziness. If you don’t know what to do next, ask. If you don’t understand something, ask. It might be a dumb question, but it’s a lot easier to sort out than a dumb mistake.

 

Good luck

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Thanks Michael, I have started going through some of the material and I am just about to send my SAR letter but before I send it and then join the discussion forum for my bank I have two questions 1) is it wise to mention 'if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them' from the ofset? 2) is it worthwhile mentioning that a response that claims 'data cannot be obtained because microfiche system not contained in relevant filing system' is not an acceptable response?

Many thanks.

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is it wise to mention 'if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them'

Why not, unless you merely want the information for curiosity sake. I rather think that, by now, the bank will know why you are making the request, whether you mention it or not.

is it worthwhile mentioning that a response that claims 'data cannot be obtained because microfiche system not contained in relevant filing system' is not an acceptable response
Up to you.
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