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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Hi

i am hoping someone reading this will be able to help me and give me some desperately needed advice.

Basically, for around 2 years i have still been claiming and receiving additional tax credit payments to cover childcare costs i no longer pay. My son stopped going to his childminder around 2 years ago, he used to go after school and school hols. I didnt inform tax credits that i no longer paid for childcare and now am terrified of the consequences.

I am too scared to ring them as i keep reading horror stories of people being sent to prison and am convinced this will happen to me.

Can someone please please give me some advice or personal similar experiences.

I cant sleep, eat or do anything for worrying.

I am a single mum, and work full time, but struggled without assistance from my ex. This is no excuse i know, but really needed the extra money involved. Now, i guess i am in big trouble.

Please help someone

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  • 2 weeks later...

Sorry you weren't responded to Jacquieh. You think you are in big trouble because what you have done is theft. The definition of theft is "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

By ringing them and telling them you believe you have made an error and would like to pay it if so, then you are not depriving them of it and it can't be classed as theft.

Go on, take the bull by the horns and give them a ring - you won't half feel good afterwards.

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