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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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glav's o/h v MBNA ****WON****


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Well so much for thinking we had won. Lodged cheque on 6 June, just checked my online banking and it the cheque has returned unpaid. I am absolutely fuming!!

 

glav:x

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Hi XP

 

I used Vampiress' spreadsheet - Throughout claim with compound contractual interest. You will find it in the link below, you will have to open a google account but it's free. Hope this helps.

 

VAMPIRESS'S CHAMBERS

 

glav:)

 

Thanks a lot for that GLAV...sorry to hear about your bounced cheque...that is out of order!!! MBNA should know better!!!!

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

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Hubby has tried ringing couple of different departments today but no-one able to give any answers. They gave him a number to contact but it is not available until Monday. Think on Monday morning it will be best to ring Colin Pugh back and demand to know what's going on, he offered the settlement and we have it in writing, I think we are also within our rights to demand a telegraphic transfer on Monday, otherwise it's straight off to court and this will cost them even more.

 

glav:mad:

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Dizzy

 

This is a nightmare. MBNA maintain that cheque is paid, our bank says it was returned unpaid as MBNA flagged it as potentially fraudulent!! Customer Advocate Office working on it and to ring hubby back tomorrow so don't really know what's going on. Received latest statement today and it does show account balance reduced to nil and refund paid out. Hopefully sorted tomorrow, hubby running out of patience fast and has told them that court claim will be next step if this is not sorted. Will keep you informed.

 

glav:confused:

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Hi all

 

At last we have WON! Natwest actually flagged the cheque as potentially counterfeit as they thought it looked suspicious!! and held it in a holding account!! Colin Pugh in MBNA Customer Advocate office has worked hard to get it sorted, funds are now lodged and available in our account!! Colin Pugh really is a man of his word.

 

glav:) :)

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yeah congrats from me too :p

 

I only hope my road is as "smooth" as yours.

I'm currently working out the interest in Vampiresses Chambers but am a little stuck on a couple of the inputs. Can anyone out there help? please?:confused:

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Hi McFadzean

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

If you go to the section in the above link, I think letter 4 best suits your situation, I would hold on to the cheque for now (but don't bank it until you get a response) and get this partial settlement letter off to them straight away. Hope this helps, and keep going, you will get there!!!

 

glav:)

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  • 3 weeks later...
  • 2 weeks later...
  • 2 weeks later...

HI GLav

 

I've won against MBNA - I Think lol

 

They have given me a cheque for all my bank charges with compounded contractual interest at a rate of 23.9%

 

the sting in the tail is that they've only given me interest untill the account was closed in 2005 so they've calculated it at £522

 

I have calculated it at £1580 from the date of the charge to date of claim may 2007

 

they also gave me statutory 8% interest of a further £510

 

so I don't know whether to change my thread to won- as I'm currently trying to find out if i can only claim the contractual interest untill the account was closed

 

anyway i'll keep you posted how i get on

 

they also admitted that they can't find my CCA

 

thanks again for all your help and support - xxxx

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That’s great news fella well done

I'm just about to write my LBA as no response from preliminary which is due tomorrow.

Looking forward to seeing how it all goes.

I too am going for contractual at 23.9% so will be interesting to see if they pay up.

How long did it take them to cough up with you? Did you have to file MCOL or did you find a decent contact at MBNA. I would appreciate your insight so that I can get my claimed wrapped up, Or at least have an idea of how long it is going to take from here on in.

Anyway congrats again your an inspiration to us all :p

nice one:)

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hi youngman

 

I posted a prelim got no resonse filed lba phoned them on the deadline day they daid they were working to a 28 day deadline not 14 as I requesed

I waited instead of filing court papers got a goodwill gesture rejected it

then phoned them after rejection letter deadline they again said another 28 days

I said ok, no sign after 28 days I rang them and mentioned also that they hadn't sent my cca got a seelement in the post a couple of days later

 

its up to you I wasn't in a massive hurry for the money so I waited the extra time but maybe filing court papers will give them a jolt - and maybe with this test case from OFT and banks possible stalling of paying bank charges you should try and get it fully settled as quick as possible

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