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    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
    • If I haven't referred to it before then please check out this thread another case where the claimant contracted directly with Packlink for a courier delivery service carried out by Evri. Please read this thread very carefully and eventually you will get to a point where the claimant – our OP – discovered some interesting terms and conditions and has referred to them in his case. He incorporated these into his witness statement and was given judgement – not on the basis of rights of third parties but on the basis of direct responsibility. I would suggest that use the witness statement as a model although we will want to see it before you file it off. When you find the particular post with the witness statement, please can you post a link to it here as well as a copy of the witness statement because I don't have the time to look for it at the moment and the thread is rather long. However it is very important to you and you should go through it very carefully indeed. We have applied for a transcript of the judgement and hopefully it will be along in six weeks or so. As soon as we receive it we will make it available on this sub- forum.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Council inflexible over council tax


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Hi all

 

My council tax is due on the first of each month and payable over 10 months of the year. Twice I have paid it a little later in the month as I haven't had the money on the first. (I pay online and not by DD). I had a letter through saying the next time I am late no more reminders would be sent and court action would be taken.

 

My argument is - I'm still within the month and I'm not refusing to pay - just a couple of weeks late sometimes. They won't let me spread it over 12 months instead of 10. They are so inflexible. They said that's the regulations and all councils are the same. I'm a student, but because my son is now over 18 I have to pay the council tax.

 

I think it is wrong that they can be so highly litigious.

 

Any advice would be appreciated. I know I still have to pay, I just want them to be a little more flexible. Or am I being unrealistic?

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I'll be honest, it's a priority debt and should be paid above and beyond any other non-priority debts (i.e. credit debts). It is in the regulations but you could always consider a complaint to the local government ombudsman. On a side-note you are invisible with regards to c.tax, your son should pay it all, although i appreciate that might not be possible.

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Not all councils are the same, some are more aggressive than others

My council does not chase until you are about two months in arrears.

I didn't pay in August as my bank took £425.- in charges off me in eight weeks and therefore started to bounce direct debits like my mortgage incurring further fees.

Priority debt or not, there was nothing left for council tax, so I am a month behind but have heard nothing from them.

A colleague of mine who used to work for our local council told me they don't bother chasing until you are more than two months in arrears as two months can be made up at the end of the payment term by making two additional payments. They simply don't have the staff to pursue small arrears apparently

So not all councils are the same.(Luckily)

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It's a double-edged sword really, although some Councils are more lenient than others I suppose it can come to the point where debts owed to some Councils are so large (totalling all the non-payers), they have no choice but to exact their 'pound of flesh' in order to carry on with the funding that the tax pays for.

 

Trouble is, some Councils have to resort to DCA's like these; DKB Collections Ltd, Public Sector Debt Recovery, Council tax debt, Business rates debt, Rent recovery road traffic act charges recovery.

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I agree, not all councils are the same and if you contact Customer Services (or whoever your council says to contact) they are pretty rigid.

 

We had an arrangement to pay back some council tax from the previous 5 years (when we weren't living in the house and we believed it was exempt because major building work was required to make it habitable). Seems they classed it as a second home and decided it wasn't exempt even though we were on Income Support and got 100% benefits on our then existing home.

 

We still get Housing Benefit but every year (without fail) we get the usual demand for the current year, plus arrears minus the benefit. The computer churns this out and calculates the monthly payment in 10 instalments. We used to pay by DD and instead of the usual payment (£20 a month to clear the arrears) they took £250 from our benefit and left us hardly any money to live on. I went to the bank and they contacted the council and explained the position. They passed me the phone and I spoke with the so called Customer Services at the council and was told "tough".

 

When I got home I asked to speak to the guy who I had made the arrangement with. He was lovely, he agreed that the bank should have returned the huge DD payment and that I should ignore anything their Customer Services send out and that my arrangement stands.

 

What I'm really trying to say here is don't be fobbed off by the monkey, speak with the organ grinder - he's the one who can make a decision, the others only do as they are told.

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Thanks for all your comments. I agree it is a priority debt, but it would help if the councils were more understanding, or at least all the same in their policies.

 

Sometimes the chiefs don't know the answers themselves. On the subject of housing benefit for students - the head of revenues and benefits, with whom I had a meeting yesterday, didn't know how it was calculated and why. He had to go away and do some research but he did contact me again later that day.

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From my own experience, it seems (with my council anyway) that once you have been 'chased' for a late or missing payment, you go to the top of the pile, and are not allowed the slightest leeway afterwards. My lot even tried to take me to court for not paying CT for a house I'd moved away from!

 

:mad:

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  • 2 weeks later...

in my experience it is not only the council who vary their opinion, it is also the council workers. i was in exactly the same position as the op and also missed a months payment completely. and i phoned up to sort it out only to be told ' it is council policy- you had two warnings, no more. the full year is now to be payable. pay up the full year NOW or we'll see you in court'- well words to that effect. i put the phone down and spent the next week or so feeling sick. one day, though i thought' i'm going to give it one more try. i got somebody different who said as long as it is paid regularly i could split the missed month over the remaining payment period. i did that and all was fine.IMHO i would say as long as you keep up the payments they wont take you to court, because if they did the judge would look at your payment history and see that although you pay late each month, you do actually pay, and this will look bad on your council.

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I agree. I have one missed payment this year so far and have heard nothing, and knowing what I know about the Council Tax department they probably haven't even noticed.

A colleague of mine used to work there and was made redundant due to cut backs. Even when they had loads of people there they didn't get around chasing arrears unless they were more than two months. Now of course with less people managing more accounts they are even more stretched.

I honestly think they don't even notice unless you phone them to "come to an arrangement" and basically then inadvertently point it out to them.

Sometimes it's better to lie low and wait what happens.:cool:

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  • 5 months later...

Are we still allowed to offer them reasonable payment terms at the start of the year, i was once told to say its £1 a month for the first 9 months and the balance on the last month. I would be interested to hear if we are allowed to do that.. anyone??

And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!:D

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