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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.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello, I am claiming discrimination. How do I put a figure on it? I've mathematically set out all my other losses, loss of employment rights, etc. Or, would you leave it off the schedule of loss altogether? Thanks, Rebecca

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Hi

 

If you are claiming discrimination, then then put on the schedule of loss `injury to feeling` and leave the rest blank [figure coulmn]

 

That way the ET are aware that you are claiming for injury to feeling and the figure will be decided at the remedies hearing,if you were to win your claim

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'Loss' is limited to financial or economic loss. It does not extend to non-pecuniary loss such as injury to feelings...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Hi Bigredbus,

 

Thanks for your note. I've not submitted the SoL yet. Should I leave it off then? Presumably the Judge, if he sees fit, will award compensation for injured feelings? I don't need to make a point of it?

 

Regards, Rebecca

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Hi Rebecca,

 

My apologies... I didn't read the entirity of the thread (once again!)... and as you are claiming unlawful discrimination, you are entitled to claim compensation for injury to feelings. However such award is not made automatically and it will be for you to show that you suffered such injury as result of the unlawful act. Nevertheless the burden on you is not a heavy one and the matter of feelings may be simply stated.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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So, sorry, Bigredbus, but to be clear, should I leave it off the SoL and just stick to my actual financial loss? And, the matter of injury to feelings, I should bring up at the Hearing?

 

Thanks in advance, Rebecca

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Hi, and sorry again for the fact that I don't always read the entirity of the thread before replying... :oops:

 

Yes... You should not make any mention of it on your schedule of loss, and you should bring it up at the hearing...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi Rebecca & Bigredus

 

Firstly ,BRB,you had me confused with your initial reply, thats why i hesitated with my reply.

 

Secondly, from my experience if there is no mention of the words`Injury to feelings`on the schedule of loss then the claimant may/will face difficulties,if the other side were to oppose or challenge[and they will] a claim that is not documented nor mentioned on the Schedule of loss,

 

There is absolutely no harm in stating the words `injury to feeling` on the schedule of loss, just to be on the safe side...but this decision is entirely yours rebecca.

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Hi 'Madari',

 

Yes, I don't always read the entirity of the thread prior to replying...

 

Just to remind you that there is no need to add a field related to injury to feelings on the schedule of loss as including such award for injury to feelings is fundamental to a claim based on discrimination. Therefore, and as I mentioned in post #8 the matter of feelings may be simply stated at the hearing... :-)

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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We respect your views, 'Madari', and your experience of the court rooms... but I can assure you that the panel will be expecting that the claimant raises such a matter... :-)

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi BrB,

 

I think you are missing the point,I am not disputing your comments.

 

My point is that once it is documented`[injury to feeling] then it has to be addressed one way or another,otherwise as you say Quote:`....the panel will be expecting that the claimant raises the matter.....`

 

lets not confuse poor rebecca...

 

Regards

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Hi Big Red Bus, Madari,

 

Thanks for both your replies. How about I mention the upset caused in my witness statement? I'll be leaving a figure out of the schedule (as I can't quantify it in any case), but I will have recorded the fact that I have suffered as a result of my ex-employers words / actions.

 

I'd be grateful of any advice.

 

Thank you in advance.

 

regards, Rebecca

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