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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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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JSA is a joke...


tedted
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Wondering if someone can give me some advice...

 

I am currently a part time LLB student and became unemployed just before xmas - so I'm signing on,

but JSA money hasn't started to come through yet for various reasons relating to my student status.

 

Before I was a p/t time student I was a full time student and had a student overdraft

- which is now a graduate account and my main banking account with Lloyds TSB.

 

About a year ago I got myself a mobile phone contract and because I have not been able to afford to pay it my overdraft has been mounting up and is now £300 past what is allowed.

 

for the past few weeks I have been getting phone calls from Lloyds (01273743574) everyday demanding the £300 back.

 

At one point one guy said they were going to give me a month to wait for the jobseekers money to come through,

then the next day it was like nothing happened and they were demanding the money again.. :???:

 

It feels rather invasive and like harassment having them bothering me all the time when I have clearly explained my situation,

that I cannot afford to pay until I get a job; or at least until the job centre pulls their finger out. :|

 

Does anyone have any suggestions as to how to get lloyds off my back until such a time as when I can pay them?

I.e. when the job centre comes through or when I get a job..

 

Erm don't know whether it's relevant or not, but I lost my job due to having epileptic problems, which are now fine.

 

Thanks.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. In my first meeting at the jobcentre I was advised to apply for Contribution Based JSA, as I had just left my previous job - but after almost two months of waiting to be paid they sent me a letter saying that I don't have enough NI contributions etc etc (I think this is because I had just done a full time degree and for the three years prior I was just doing temp work).

 

Immediately after I got the letter, which was about three weeks ago, I arranged an appointment at the jobcentre to fill in a JSA3 form. I was advised to date it from the day that I first applied to sign on, a few months prior. The lady at the jobcentre checked through it and then sent it off. I received a phone call the next day saying that it had arrived at it's destination.

 

I telephoned the jobcentre yesterday to find out what's taking so long and they phoned me back today saying they are having trouble locating the JSA3 form which I filled in. They explained that they don't know exactly when I will be getting JSA through. It was suggested that I get a crisis loan - which I understand is money that I have to pay back to them. Why would I want to get a loan off them when they owe me over 3 months of JSA, their logic is bizarre.

 

To add to all of this, I have got myself in debt spending money that I haven't got. I wouldn't have got into debt if the JSA was coming through regularly. My bank is requesting that I pay all of the money back now - which I cant. My mobile phone has been cut off - Orange have been a tad more lenient and today agreed to give me a week to pay.

 

It feels like they are taking the p*ss, it also feels like an uphill struggle trying to get a job. I have had a couple of interviews which I have had to turn down because I couldn't afford to get to them.

 

As I understand it, the jobcentre don't deal with the payments - that is the job of the benefit delivery centre (or whatever it is called). Should I make a complaint to them, would that be the best course of action? If so, how? Can anyone think of anything else I can do to speed things up? I am completely clueless at the moment. Any advice will be appreciated, thanks.

 

For the people who like to stereotype - I am not the type of person that wants to live off benefits, I enjoy working. I am studying to become a solicitor.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. The for various reasons (outlined in my last thread) the jobcentre are not paying me, and they don't know exactly when they can pay me. As a result of this I have accrued some debt by spending money that I haven't got.

 

I am overdrawn on my overdraft and am facing monthly charges, I am getting daily telephone calls from my bank asking for this to be rectified, which I cant do.

 

My mobile phone has been cut off, and I owe three months for that - they have given me a week to pay, despite me saying that I don't have an income and am awaiting JSA.

 

I also had a credit card and because I couldn't meet the minimum payments, the account was passed to a debt collection agency. They seemed pretty understanding a month ago when I said I dont have an income - my girlfriend agrreed to pay a one off payment of £10.

 

This will obviously to keep them at bay for long, so is there anyway to get these guys to stop charging me and wait until I have an income until I pay them? At the moment it seems as though everything I say is just being ignored. Any advice will be appreciated, thanks.

Edited by citizenB
formatted for easier reading

NSNO

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I work for JCP in the customer service side of the business, in the office that I work in te form is handed by the customer and it is placed in the courier post to be sent to te benefit centre.

Once it hasleft the building either the same day as it was received or the following working day (dependingon the time of the day the form was handed in and the time that the courier is collected from the JCP) thee is no way of tracing that post.

We frequently come accross cases I'm afraid where we know that information and post has been sent but the benefit centre deny that it has been received yet other post in the saqme envelope was received!

If they are stating that they cannot locate the form all you will be able to do is to complete a duplicate form and at the same time you can write a letter of complaint requesting that consideration is given to repay any bank charges incurred are refunded. This will be considered once proof of charges are received but I cannot confirmif these cgarges would be reimbursed or not sorry as I am not a Decision Maker.

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I've not read your last thread but I suggest going to your local CAB or ring AdviceLine on 08444 111444. You need some help before you get buried.

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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You could also ask jobcentre plus if you can apply for a loan from the social fund as you don't need to be in receipt of benefits to claim. You have to pay it back, but at least it will tide you over until you get sorted.

Gbarbm

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If you are studying to be a solicitor I would be very careful about getting into debt as it can affect your job prospects, get a crisis loan if you are entitled to it, dont use your mobile get a cheap pay as you go.

If I have been of any help, please click on my star and let me know, thank you.

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three threads merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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