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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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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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      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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Just won against EE


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Got a voicemail from the customer relations head. I quote " i have done some investigation and can confirm the default on the account is wrong. As you migrated from tmobile to ee your account wasn't closed properly, I have requested to get the default removed but i need to speak to you further" so the default has been there for 3 years, all the stress it has caused, surely i can ask for compensation?

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Well... This is great! A further turn out in your favour FP...

Yes you could but they will probably make it poultry...

 

Court could be an option but can ideally only be quantifiable losses to you... Unless a judge rules for ex gratia payment

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Well... This is great! A further turn out in your favour FP...

Yes you could but they will probably make it poultry...

 

Court could be an option but can ideally only be quantifiable losses to you... Unless a judge rules for ex gratia payment

 

Hi fko mate.

Whats the best source of action to be taken? I spoke to ombudsman they said they wont look into the matter until after 8 weeks or unless i get a deadlock letter. I don't think ill get a deadlock letter because they never reply via email or letter. Just phone calls.

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Hi fko mate.

Whats the best source of action to be taken? I spoke to ombudsman they said they wont look into the matter until after 8 weeks or unless i get a deadlock letter. I don't think ill get a deadlock letter because they never reply via email or letter. Just phone calls.

 

Advice anyone?

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You Will need to register with mcol and after 14 days from the letter before action you will need to start a claim.

It's pretty self explanatory and the form is easy to complete.

One bit of advice is to send the lba to their registered address and make sure you use their registered name.

Some companies trade with names that are not registered anywhere, usually you'll find their full registered name in the small print

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You Will need to register with mcol and after 14 days from the letter before action you will need to start a claim.

It's pretty self explanatory and the form is easy to complete.

One bit of advice is to send the lba to their registered address and make sure you use their registered name.

Some companies trade with names that are not registered anywhere, usually you'll find their full registered name in the small print

 

Cheers king. Top man. I will draft a letter before action and put up here so you can let me know if its ok. I will also post the set back to them but will mention this is my property and the only reason i am giving back is to avoid the default etc. Then I will take it from there

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Isn't taking court action

 

Are they still saying you owe money and you don't agree and you haven't paid of is it something else..

 

1) putting wrong default for 2 years - compensation

2) being mischarged for iPad that I cancelled for 4 months

3) no signal or reception on phone

4) advisor promised thet she will close the account but next day rings and apologies that she forgot to mention she can't close until I return the set - added stress. Had to take day off work as i fell ill. So another compensation

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I understand that you have a complaint against EE and you want to start a court action.

 

Will be happy to help you but this thread has gotten into rather a mess. I'm going to close the thread and I'd be grateful if you would start off a new thread with a proper title and outline exactly what has happened in a careful and structured way.

 

Thanks

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