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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • 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
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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If we go to court by the council


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My OH is in arrears with rent which has slowly got worse due to a short period of unemployment. Her application for housing/council tax benefit has still not been sorted and the situation is slowly becoming inane due to the lack of action by the benefits section of the council. I was aware of the situation so made an appointment to see the guy from the council who deals with arrears, came to a verbal agreement about what to pay. Two days later letter in post from someone signing on his behalf saying that if they go to court you will have to pay the court costs which will be between £200 and £400 pounds. The fact of the matter is appointment and agreement was on tuesday the 9th/Dec, Letter was dated on the 7th/Dec and sent on the ninth, arrived to day the 10th. Talk about the right hand not knowing what the left hand is doing. How would any one else deal with this silliness. The letter as I have said states the amount that would have to be paid in court costs which leaves me to answer the question, how do they arrive at figures like that, what do they do to justify such made up amounts and what is the best way to defend such an application for costs if it went to court. Thanks to any one who can help me deal with this situation for my OH Who I feel could quite easily become evicted and how best can I protect her..

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My OH is in arrears with rent which has slowly got worse due to a short period of unemployment. Her application for housing/council tax benefit has still not been sorted and the situation is slowly becoming inane due to the lack of action by the benefits section of the council. I was aware of the situation so made an appointment to see the guy from the council who deals with arrears, came to a verbal agreement about what to pay. Two days later letter in post from someone signing on his behalf saying that if they go to court you will have to pay the court costs which will be between £200 and £400 pounds. The fact of the matter is appointment and agreement was on tuesday the 9th/Dec, Letter was dated on the 7th/Dec and sent on the ninth, arrived to day the 10th. Talk about the right hand not knowing what the left hand is doing. How would any one else deal with this silliness. The letter as I have said states the amount that would have to be paid in court costs which leaves me to answer the question, how do they arrive at figures like that, what do they do to justify such made up amounts and what is the best way to defend such an application for costs if it went to court. Thanks to any one who can help me deal with this situation for my OH Who I feel could quite easily become evicted and how best can I protect her..

 

 

 

 

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My OH is in arrears with rent which has slowly got worse due to a short period of unemployment. Her application for housing/council tax benefit has still not been sorted and the situation is slowly becoming inane due to the lack of action by the benefits section of the council. I was aware of the situation so made an appointment to see the guy from the council who deals with arrears, came to a verbal agreement about what to pay. Two days later letter in post from someone signing on his behalf saying that if they go to court you will have to pay the court costs which will be between £200 and £400 pounds. The fact of the matter is appointment and agreement was on tuesday the 9th/Dec, Letter was dated on the 7th/Dec and sent on the ninth, arrived to day the 10th. Talk about the right hand not knowing what the left hand is doing. How would any one else deal with this silliness. The letter as I have said states the amount that would have to be paid in court costs which leaves me to answer the question, how do they arrive at figures like that, what do they do to justify such made up amounts and what is the best way to defend such an application for costs if it went to court. Thanks to any one who can help me deal with this situation for my OH Who I feel could quite easily become evicted and how best can I protect her..

 

 

 

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Has a Notice Seeking Possession been served at the property or on your partner? No Court action can be taken without a notice being served.

 

I would try to speak to the man you made the arrangement with and ask him about the letter. The arrangement made since the letter was written should supersede any action threatened in the letter.

 

You could ask them to give you a breakdown of how the costs are worked out.

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  • 5 weeks later...

all run on debt all run run for profit im in same situation i mentioned to the council today and showed him the court paperwork should see his face drop i wish i had it on camera i'm even considering of paying 10 quid fro the cctv from the office mmm

 

Ive issued a possible proceedings for 5k plus and i don't have to pay a penny so where they get there costs from beyond me

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