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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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Barclays bounced my cheque costing my life up to now, been left desperate and suicidal


sanmy
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Hello all from this forum,

 

Lets start back from 2012, on september 2012 I was going to complete 14 year living in this country and for the ones who think I am another foreigner trying to reach the easy life, i can assure you that I have done more to the english elderly than a lot who has bourned here and I am very well documented about that. but the matter is not that yet.

 

Two months before I completed the 14 years life in the UK which would give me the right to apply to the ''leave to remain'' the prime minister, Mr Cameron changed the rules of 14 year to twenty two years, but gave the right for the ones close to complete the 14 years, we need to prove our good character and that we lived in this country 14 years or ''close'' uninterrupted and also be able to pass from the test life in the UK which I done, so with all my homework done and a dossier made by myself explain everything I had done in this country during these 14 years and with all photos you can imagine sustaining my claim, it was a matter of time as it couldn't be any better application as far the home office were concerned, so got all together with the solicitor application and I issued two cheques, one of four hundred something for the solicitors fee and another of nine hundred something for the home office fee, my account had all the funds in it just waiting to the cheques to be presented and one day before the closure for the applications to the home office, I had mine sent by my solicitor.

 

After one month got a letter from the home office confirming the receipt of my application and that I should keep waiting until their decision, by this time I had all the monies laying on my account ready to cover the cheques I issued, and then first come the four hundred something cheque cleared without any problem whatsoever and strangely the home office cheque was taking too long to be presented until after a month I got the letter from Barclays stating they had refused to pay my cheque to protect my money as I didn't have a mandatory signature and making things worst the letter from the home office saying that my cheque bounced and my application was not considerate, it was like the impossible happened, i couldn't breath, I couldn't react to that news and after proving the solicitor it was not my fault we agreed to sent the home office another cheque with a explanatory letter from barclays proving i had enough funds on my account and after a couple of months I had my entire application sent back to the solicitor office still saying that my application it was refused because my cheque bounced and that was their final decision and since then my live become a hell, after spending so much with solicitor and having to move due to the home office threat of deportation and many other events related drove me and my partner to contemplate suicide every single day until now, we are suffering from a very bad depression which make us fell really numb for anything and wanting to die, everyday I think about taking my life, it is so bad that I got phobia to answer and make phone calls and also having depraved sleep.

 

So if anyone could help me with some advice I would really appreciate and please believe me, if I had done nothing for this country I would really leave without a question, but apart of learning to love this country I gave my bit for some guys life which really made a difference on their lives and would again and again if needed.

 

Thank you all

 

SM

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I'm not sure what you want to know. It appears from what the bank have said, is that you forgot to sign the cheque, or that the cheque had a signature far different from the normal one.

"refused to pay my cheque to protect my money as I didn't have a mandatory signature"

Maybe if you hadn't of left it until the last day to return the forms originally, then there may have been enough time submit then again. But as it stands, your second set was over the time limit so probably automatically refused.

Are there any details on the refusal letter for an appeals process?

Surely, even though in the short term this js not nice, it doesn't mean you have to leave the country and can reapply in 6 years time when you reach the 20year period.

Does the letter say why it was rejected? Did they bank your cheque the second time?

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