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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • 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
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • 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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    • 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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      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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djdave vs Barclays


djdave
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My story so far:

 

9 Feb: Sent request for statements

13 Feb: Barclays returned my £10 cheque

20 Feb: Statements arrived

22 Feb: Sent first letter claiming £2747, slapped myself for running up so many charges!

8 March: Got standard "we're dealing with your complaint" reply

9 March: Sent LBA

21 March: Watched Whistleblower in disbelief!

22 March: Tried negotiating over the phone, hit brick wall

29 March: Offered £1625 (60%) as full and final settlement.

 

Damn it was tempting, but the fight goes on!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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have you started your court case yet as you should have done so on the 23rd March

 

Remember to keep to your deadlines. Good offer from them though !!!!!! one of the highest i have seen at this stage, it must of been hard to say no so well done you

 

Good luck

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I'm going to start the court process on Wednesday when I've got enough money. It was really difficult not to cave in and accept, because I was only expecting maybe a 30% offer at most. But I've come this far...

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Definitely keep going.

 

£1625 is a nice amount of money and i guess it depends how desperate you are for it.

 

Just think how much sweeter that £2747 will feel when you get it knowing you got it all back AND you beat the bank

 

;)

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  • 2 weeks later...

A quick update: I enjoyed a nice Easter with my other half's family, and today took my N1 claim form to the court - pausing briefly in the car park to phone Barclays and give them one last chance to settle.

 

They "don't do that", so rather nervously I handed in the documents to the court. The lady who dealt with me couldn't have been nicer, so to anybody who might be finding the prospect of Court a tad daunting: don't worry!

 

Now I've just got to sit back and wait for them to enter a defence, then to not turn up on the day!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 4 weeks later...

Update time!

 

Yesterday was Barclays' deadline for entering a defence. I rang the Court at lunchtime and the nice lady confirmed that nothing had turned up.

 

So I shot down there and gave them my Request For Judgement. Oh yes, I would like the defendant to be ordered to pay immediately, please :D

 

I think we may have a result here! :D:D:D

 

 

Edit: I've just noticed on some other threads that they're entering their defence late but some courts are allowing it.

 

Oh. Fingers crossed, then....

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Yes they are allowing them to enter a defence late, so don't get too excited.

Up to 10 days late sometimes, so hope you are one of the lucky ones.

I will keep my fingers crossed for you.:)

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You'll have to keep your fingers crossed for a few more weeks :(

 

Barclays acknowledged on 30th April but the court forgot to tell me. Oh well, let's wait for their defence.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 3 weeks later...

It gets better and better.

 

As posted above, the court told me that Barclays hadn't acknowledged the claim so I asked for judgement to be entered in default.

 

A few days later I received two letters from the court. One stated that judgement had been made - I'd won! But the other stated that Barclays had in fact got their defence in. Curious...

 

So I rang the court who said that there'd been an oversight, and that Barclays had got their defence lodged in plenty of time. Hey ho.

 

But then...

 

I received a letter from Barclays legal and compliance stating that they were surprised I'd managed to obtain judgement, but nevertheless they were prepared to settle - in full with interest - if I'd agree to have the default removed.

 

That was a no brainer, so I returned the form by email and had the money in my account the very next day!!

 

I'm a happy bunny indeed. Being on incapacity benefit means that money is, to quote the ginger crooner, too tight to mention. This payout from Barclays couldn't have come at a better time, so a huge thank you to everyone who's given advice. :D:D:D

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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