Ebay sale of Canon 1DX camera £736 - DPD delivery to wrong address . PAPLOC. Claimform issued.

[StoneCross]

One thing I didn't mention was that DPD acknowledged /agreed that the package had been delivered to the wrong address and that there would be no need in the future to produce the Witness Statement from the intended recipient. I'll complete the form tomorrow morning and send it to you before submitting it.

[StoneCross]

Attached should be a  part completed EX107.

Please see A10 Epiq according to page 7 of the Guidance Notes (pdf attached) appear to be the only company authorised to provide transcriptions for Birmingham County Court.

EX107 B4 is blank as I need to check the spelling of the Judges name. That is in progress.

EX107 see C3 Civil, Family and Tribunals. I am assuming I need to tick just Judgement. is that correct

EX107 see C5 I intend to tick within 12 working days is that correct.

EX107 C9 is the following OK " This having been A Dispute Resolution Hearing which did not resolve matters there is to be a future hearing . No date has been fixed as yet but the Judge indicated it would likely be set for December 2023" 

EX107_static_0823pagecomp.pdf EX107GN_0823.pdf

[BankFodder]

In no particular order:

12 = no

Just judgement will be fine

Not urgent

Where does it say you can't use the transcription agency

12 working days is fine

[StoneCross]

See attached pdf which appears to show which transcription service can operate in which area.

list1.pdf

[BankFodder]

I think that might simply refer to the complaints process.

Why don't you telephone the transcription agency and ask them. They are very approachable

[StoneCross]

oK will do.

[StoneCross]

Form completed and sent to Birmingham County Court admin office. You were correct The Transcription Agency can do the work. Will update you in due course .

Do I need to begin familiarizing myself with any other legislation for example areas dealing with unfair contract terms?

[BankFodder]

Eventually yes but you may as well wait for the transcript for the moment. There is lots of time.

Soon we should write to the other side and ask them for a copy of their contract. We will sort that out in a few days.

Meanwhile you may be interested to know that somebody has made a donation to the cost of the transcript.

They want simply to be known as a "Well-Wisher".

If you have a PayPal account Please let me have the email address for it to our admin email address and I will forward the sum to you.

[StoneCross]

Thanks for the above.. please can I commit you to a little reading. I was bored earlier this afternoon and decided to look at the ebay site. 

A document which I have copied is the T&C of Packlink, It made interesting reading see paragraphs highlighted in yellow and copies as extracts below.

DPD provided a copy of Packlinks T&C which states that Spanish Law is applicable . However reading their document on ebay it states English Law is Applicable. 

Next and maybe most important is that in the the section headed

3 General reproduced as below see b) which indicates the creation of a contract as between me and DPD which they have denied.

b) Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. 

So doesn't this mean by signing up with dpd via Packlink a contract is created? Something DPD have denied. Maybe I have misunderstood which is why I've attached apdf of the full  document copied from ebay.eBay Delivery Powered by Packlink Terms and Conditions.pdfeBay Delivery Powered by Packlink Terms and Conditions.pdf

[BankFodder]

Very interesting discovery.

I'm away at the moment. I will have a look at it next week

[StoneCross]

Hope you have had a good holiday. And yes I have received the funds via PayPal thank you.

I appreciate you wont have studied the recent pdf as yet but attach an additional file of  a possible approach to DPD. It may or may not be a sensible route to go down so I await your further advice.

query.pdf

[StoneCross]

just wondering if you have had any further thoughts?

[BankFodder]

I haven't looked through the document which you posted on the 16th – but I have just scanned to the helpful two page document which you posted on Saturday.

The reasoning seems absolutely excellent. However it seems to me that you are proposing to approach DPD about this before the trial.

I think this would be a serious mistake.

I think that it would be a better approach to compile this into an "additional bundle" and to produce it at the hearing. If you can meet the DPD representative outside the court five minutes before you according, then give that person a copy of the extra document which you are intending to provide to the judge.

When you going to the court you can tell the judge that you have only recently discovered this document and it costs a grave light over DPD's position that there was no contract with them because the evidence is that Packlink is simply a conduit to providing a direct contract between you and DPD and in that case, although you still stand by your position that you enjoy rights of third parties against them if the judge considers that there is no direct contract with DPD, on the basis that there is a direct contract then you have the right to sue them and furthermore you are entitled to be treated as a consumer with all of the protections contained in the Consumer Rights Act.
In other words I would prepare but keep my powder dry

[StoneCross]

Thank you for the reply and advice.

Is there a risk though. If I take the #extra# bundle with me is the court obliged to accept it at such short notice? Second if during the proceedings I am asked by the Judge or the Defence " when did you become aware of this additional information?" If I answer truthfully is'nt the Court likely to ask why wasn't the information in the main court bundle ? Could that disadvantage me?

On a wider point as Packlink/ebay would appear to step aside from involvement other than as introducers, it follows that all ebay users who appoint a carrier via ebay/packlink have direct contracts with the carriers.  Has this come up in any other reported cases to your knowledge?

[BankFodder]

Have you submitted the original bundle?

[StoneCross]

No... the only bundle I sent to the court and the defence was the one prior to the initial Dispute Resolution Hearing on 15th August and I am currently awaiting a transcript of the Judges summary from that hearing. No date has been set for the formal hearing which I gather is likely to be in December.

The Judge at the hearing 15th August has asked that if the transcript from the Farooq case ( Brenford CC) 12th July is received prior to early November to forward a copy for his attention.

[BankFodder]

Let's wait until then and we can send the second bundle along with the judgement.

[StoneCross]

OK I've made a diary note.

[BankFodder]

Yes, let us know in advance so that we can work out a message to go with the items which you have found along with the transcript. I should tell you that there are some problems with the transcript the moment. We made an application on our own name and the judge refused it – I'm not sure that she was entitled to – but now it has been reapplied for by the claimant.
I am pretty confident that we will have it by October

[BankFodder]

@StoneCross

please can you help us with this

 

[StoneCross]

Part of your last message is missing at the moment it reads " In particularvisit this post and download and read the attached document. To post down from th......." 

Please can you supply the missing text so I understand what you are asking me to do please.

[StoneCross]

I suspect this is the link you are looking for

https://support-ebay.packlink.com/hc/en-gb/articles/360004768420#h_70e65b07-b4ea-49bf-b891-b549e4e4fd7c

 

Please confirm.

 

[BankFodder]

That is probably it. Thanks

[StoneCross]

Please see extract below which is self explanatory.

Good afternoon Birmingham Court, 

Can you advise whether the court records show whether there was a judgment given for the above case on the above date. All we can locate is the discussion around and the drawing up the order, not a usual judgment. If there is no record of a judgment being given, does the requestor have permission to have the whole hearing? We can then advise the requestor (CCd in) accordingly of the next steps. 

Natalie Goodson

Operations Manager / MoJ Contract Manager
The Transcription Agency, a VIQ Solutions Company

Attached are two pdfs which I hope make sense. Notes to.pdf hopefully will explain the second one.

 

notes to.pdf query to dpd.pdf

[BankFodder]

Sorry but I don't all together understand will post above.