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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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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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High Return Postage Charges for Faulty/Unfit Goods?


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I am in the process of trying to get a refund for an item ordered online from a Dropshipping company. They have a fairly good reputation, and so far, although somewhat sluggish to respond, have communicated with me. The story in a nutshell –

 

1) Advertised remote controlled diesel generator for sale on eBay.

2) Customer bought item and paid by PayPal

3) I ordered item from dropshipper, paid by PayPal.

4) Item received by customer was not as advertised – i.e. no remote control.

5) Customer asks for refund.

6) I agree and contact dropshipper.

7) Dropshipper admits their fault because the spec has changed on the generator – no longer remote controlled – and they had it still advertised as a remote control model when I ordered.

8.) After an exchange of emails, they gave me a return address and suggested the customer sent it here.

9) Postage costs were originally £66.40, and will probably be in that region to return the item.

10) I have asked the dropshipper to pick the item up via courier to avoid the customer or I incurring what would, to us at least, appear to be an unfair penalty for something that was the dropshipper’s error in the first place.

 

That’s where we are at the moment. I have a good relationship with the customer, so no problems on that front.

 

So, basically, is the dropshipper liable for these additional postage charges? Also, are the original postage charges recoverable?

Any views expressed in this post are entirely my own, and either based on diligent research or what the bloke down the pub told me. Prefix any possibly defamatory remarks with "It's just my view, but..." or "Allegedly..." and you won't need to sue me.

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Thanks for the reply. Happy ending in the interim - the customer actually likes the generator (I sold it at a third RRP) and knows a chap in the trade who can build a remote control for it for £50. He suggested I give him £40 towards it and we call it quits - I've agreed to this. The Supplier also suggested that if the customer held on to the generator, the next time they sold one they would courier it on from his address and issue refunds all round. There are some very nice people in this world, and sometimes things do work out!

Any views expressed in this post are entirely my own, and either based on diligent research or what the bloke down the pub told me. Prefix any possibly defamatory remarks with "It's just my view, but..." or "Allegedly..." and you won't need to sue me.

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