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    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • 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
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

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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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overflow v Halifax


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Hi Overflow,

Sorry I keep missing you, now then, what is it that you say to me when im having one of my moments?! Keep your chin up, weve waited all this time, its not long now, they want us to feel like this, cos they want us to back down, which of course we are not going to do!! There are so many people willing us on and giving us support so come on, keep smiling xxxx

[COLOR=red][/COLOR]

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keep going overflow-i've just started my halifax claim and ALL charges go beyond 1994.you should bag something before the end of next week!!!!!!!!!!

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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AAAAAAAAAAAWWWWWWWWWWWW

 

You Guys are the Greatest.

 

Dont know what Id do without all of your support .

 

Thanx

Ill have t read up cause Im not too sure where to go now to be honest so I think I better had. Anyway this site still holds a fascination for me .

I really think that if I stopped reading Id suffer from withdrawal symptoms. :rolleyes:

I agree with you though, wouldnt it be great if we all got ours tomorrow.

I could start on the Shabby then. Dont think I could do 2 at once. Yet so many people on here manage it, the mind boggles. Id get them mixed up. LOL

Thanks again for all the kind words,and by the way Miz try to get some SLEEP :wink:

Regards:)

  • Haha 1

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Na then lass, what's all this then , tha's worrying again a see.

Please calm down overflow, before you burst a blood vessel or something. Please promise us all that you will sit down (oh, you are already, good) have you got a cup of tea or coffee within your reach, if not, I want to know why? Now then, what is it you have said to us when we've been spitting feathers, & turning the air a very blue colour, oh yes - "All for one, & one for all". That's better, I bet that's made you smile.

comp11.gif gathering.gif

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

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Cheers Ja-De

 

Yes I feel a smile comin on. I know , I know Im panicin for nothin I suppose.

It just gets to you in the end . Boy will I be glad when tomorrow night comes, I should know somethin by then eh.

If your wordsof reasurance dont get me smilin your Smilies certainly DO

Theyre ssssssssssooooooooo funny and cute.

 

Regards :)

  • Haha 1

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Always happy to help. hehehe. m8ztelephone.gif11_12_10.gif

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

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1ptgno.gif

we are all sweating it out with you. ohnoes.gificon_sweatdrop.gificon_sweatdrop.gif willing our support.

 

 

 

love0053.gif

 

 

23_32_7.gif

 

 

 

 

 

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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morning overflow

 

hope all is well with yourself. I aint been on the site too long, only joined up end of last week.

 

anyway, I have been following your thread with interest. I really hope all becomes good for you either today or tomorrow.

 

i have just started out of my claims too

 

Andy

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Hi Guys.

 

Checked bank again today and rang up the Court no sign of Defence going in yet, but they still have time, Money still in Bank as well.

 

Im not having a good day at all. First I couldnt get on the net, dont ask me how I managed it but it was my own fault.

I disabled the Hub thing so had to hook up again .

 

Then my mouse decided to have a nervous breakdown on me, had to go and get a new one.

 

Im not by anymeans clever on this comp "I know notheeeeenk" about them

Ive just been tearing my hair out (most people would see this as an easy thing to do) trying to install the b***dy thing.

 

Its taken me at least 45mins to do it (see told you I was thick). BUT,

I persevered and now its done .Yipeee!

 

I cant work with the pad on my lappy, just cant control the stupid thing at all. I need a mouse.

 

Anyway Ive only just managed to get back on so not even looked at Sanands,or miz's threads yet to see if they have any good news.

 

I hope they do,perhaps by the end of the day we all will, well I can dream cant I.

 

My local Court has changed their opening days as well, only open now on a Tuesday. ONE day a week ,for gods sake, whats that all about. I mean the part that I want anyway.

 

I'll have to go tomorrow and find out whats what.

 

NOT a good day.

 

Never mind tomorrow is another bright new day so heres hopin.

 

BTW thanks Stondecroze and Andy for the words of encouragement.

Much appreciated:)

 

Regards

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi Guys.

 

If you'll notice I posted before at 14.42 pm to say money was still in my bank. I got one of those mini-statements from ATM thingy.

 

Ive just looked a my bank again on-line and GUESS what.

 

According to the statement on-line they DEPOSITED the money on 9th July and TOOK it OUT as well the same day .

 

The PORKIES they tell.:eek:

 

How can they do that. I know I wrote the Rejection letter talling them to take it out on the 9th and they recieved it on the 10th .

 

The money has been in my bank since the 10th NOT 9th. Ive got mini things to prove it.

 

Why do they do this, Is there some Mad Sadistic Manager lurking somewhere in the darkest reccesses of the Banks cellers picking names randomly, "Lets see now, today we'll mess with this one lets get them so mad , tell them one thing then do the complete opposite,". HA HA HA HA(maniacal laugh) "Right lets mess with their heads"

 

Im just so angry:mad: Not because they have took it out ( thats what I wanted) but because of the way they have put it on the statement.

 

If they had taken it straight away why send me a letter giving me 7days , why would I have wasted money on Registering a Rejection letter to them if it was showing up as being taken out the same time as they put it in.

 

Talk about NOW you see it NOW you dont.

 

What the hell is their game.

 

Im so mad I could kick a cherry.

 

Well now Im totally convinced that Ive defo done something wrong as they seem to be preparing to go to Court.

 

Gawd and it isnt even Friday the 13th.

 

Todays just getting better and better NOT

 

Regards

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Going off for a wee bit now cause if I dont Im going to blow a gasket.

 

To anyone that I have posted on thread today with amilies I appologise if there are a load of them on there , dont know what I did but not got them now, and to top it all this bl**dy comp is going daft again, I have to keep turning it off and re-booting it.

 

NOT A GOOD DAY

 

NOT A GOOD DAY.:(

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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keep you chin up, I have read many times in these halifax threads, they always seem to play stupid mind games.just remember as other people have already said, its your money and only yours. remember they have borrowed the money off you and going to be paying it back very soon, hopefully a decent interest rate too.stay calm and just think of the dividends the shareholders aint getting now, lower and lower it goes hehehetime for us consumers to actually fight back and as I have read on other threads people are winning many times over. so dont panic

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Oh overflow you have had a very bad day,so they have took the money back out now???? i don't know what they are playing at seems someone wants to punish us 3 for some reason!!! i aint got paid either so phone calls going in again tomorrow what for i don't know cos all they do is tell lies!!:mad: anyway hope tomorrows a better day for you xx

Miz_Print v Halifax Won :-D 24th july 2007:D

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Sorry to hear that youve had such a s**t day but if its any consolation Miz and I have too. I dont know what the hell they are playing at but the games up tomorrow one way or another, cant see them filing a defence now. Chin up, this isnt going to go on for much longer xx

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Keep your chins up girls,coming_out_of_gloom.gif you are nearly there. Then it will be big party time for you all.

 

 

a084.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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