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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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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.

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      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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LV 14 day cooling off period


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Right i took out car insurance 2 days ago. I was told by LV that i had a cooling of period of 14 days. Ive cancelled the insurance today and been told there is a £35 cancellation charge, I tried to explan to the guy that i thought i had 14 days cooloing of period. but with no joy, i have 2 other car polices with LV and have had for 4 years, please advise

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Right i took out car insurance 2 days ago. I was told by LV that i had a cooling of period of 14 days. Ive cancelled the insurance today and been told there is a £35 cancellation charge, I tried to explan to the guy that i thought i had 14 days cooloing of period. but with no joy, i have 2 other car polices with LV and have had for 4 years, please advise

 

anyone got any advice???

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have you made a claim?

 

According to LV's policy booklet you should get a refund

 

Your cancellation rights

At policy commencement

You are legally entitled to cancel this insurance during a period of 14 days after

the day of purchase or the day on which you receive your insurance documents,

whichever is later.

If you do wish to cancel please return your insurance documents to us. We will

be unable to cancel if you do not return the certificate of motor insurance. A full

refund of the premium will be paid to you unless you have made a claim within

the 14 day period.

During the policy

If the cover has started and is beyond the 14 day statutory period, you will be

entitled to a refund of the premium paid less a deduction for the days that you

have been covered. This deduction will be calculated on a proportionate basis

and will include an additional charge to cover our administrative costs. These

charges will be subject to Insurance Premium Tax where applicable.

 

Most companyshave now changed their stance on the 14 day cooling off period, many now give 14 days OR until the day the policy starts ( so nobody can benefit from free cover)

 

I would call back and raise a complaint with a manager first, it seems that you SHOULD be entitled to a refund if you return your certificate of insurance ( may be worth doing this by recorded delivery - proof that it's being delievered)

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Ed - why have I "missed" the point??

 

lv's wording that I've taken from the policy booklet does not state that a cancellation fee is applicable within the cooling off period.

 

The OP is entitled to a FULL refund with NO cancellation fee as they have cancelled the policy 2 days after inception.

 

or - I'm I seriously missing something here?:)

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Ed - why have I "missed" the point??

 

lv's wording that I've taken from the policy booklet does not state that a cancellation fee is applicable within the cooling off period.

 

The OP is entitled to a FULL refund with NO cancellation fee as they have cancelled the policy 2 days after inception.

 

or - I'm I seriously missing something here?:)

 

Cheers guys, what shall i do, write and letter or ring them....?

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