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    • We used to recommend that people accept mediation but our advice is change. 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 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 reading 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. 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 that 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 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.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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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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Private child maintenance agreement - been had!


Ben40
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Hope someone can help!

 

I made a private agreement with my ex for our two children last year. I lied about my income and managed to pay her less than what she would have been getting through csa. She has since found out and has taken it to csa. The payments have shot up, but she hasn't told them about the payments I have been making her because she thinks I've ripped her off.They are giving me a bill for the arrears. I made payments through bank but haven't got any proof what the payements are for. She is refusing to declare these payments as she feels I owe her for lying in the first place.

What can I do?

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I am sorry if this is not going to help you at all, and I do feel a bit horrible saying this, but ... "Karma" ... what goes around, comes around.

 

I am not saying that your ex is right in what she is doing, but you should have been honest in the beginning, rather than lying about your income ... in your words you "managed to pay her less than what she would have been getting through csa" ... you have admitted that in your own words.

 

Please think on this: the only people who have suffered from your unwillingness to be honest, and unwillingness to pay the amount you should pay, are YOUR CHILDREN and the only ones will suffering due to BOTH your behaviour AND ALSO YOUR EX'S BEHAVIOUS are the children.

 

Why should they suffer?

 

Don't let them suffer anymore PLEASE.

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when you say you made the payments through the bank, were they regular and of the same amount.

 

If so I would send records of these to the CSA and tell them that they were your maintainence payments as agreed with your ex and ask for them to be taken into account in their calculation of the arrears.

 

I have no time for the CSA their entire existance is about robbing people and has nothing to do with supporting children.

 

They claimed that they couldnt find my stepsons father (which took me less than 10 minutes on the internet)

and then when I presented them with his name address and telephone number they claimed that they had closed the case as they had been unable to locate him and we would have to begin the process all over again from the beginning.

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  • 3 weeks later...

Good god, what one sided morons populate this forum! You think all mothers are begging for scraps, children in rags! Well I'm going to blow the whistle for you.

 

Please think on this: the only people who have suffered from your unwillingness to be honest, and unwillingness to pay the amount you should pay, are YOUR CHILDREN and the only ones will suffering due to BOTH your behaviour AND ALSO YOUR EX'S BEHAVIOUS are the children.

 

I'm a single mother. I left my partner, not married, because he would not commit to me - and I could afford a new house. We have a daughter, which he pays for weekly. Voluntary agreement.

 

I work full time, have good childcare [at school] and live in a quiet village so all in all, life is good. And there is no way on earth my girl costs what he pays!

 

Because he messed me around, now he's paying. I earn a decent wage - does it matter? NO! Brilliant :)

 

I'm rolling in money, and cant lose. The more he earns, the more I get! and the BEST thing about it, is that I could go crying to the CSA or next incarnation of it the Child Maintenance and Enforcement Commission which demands much more money, from GROSS income so he cant even reduce it with mortgage, etc!

 

So, while bleeding heart do-gooders like you are around, there will be intelligent people like me profiting.

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