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    • Isas already allow you to earn tax-free interest on up to £20,000 each tax year. But under recent reforms, they are now supposed to be more flexible.View the full article
    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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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Need Help Faulty Goods Refund - Door fitter threatening to rip out door


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Hello - 5 months ago I had a new composite door / frame set fitted by a supposedly reputable company . Long story short they made a terrible mess and the door was faulty , damaged and the fitters damaged the door and my property whilst fitting .They also took my old door and frame away as they had to smash it out trying to get it out . I never signed the job off and complained straight away . The company sent the 'fitting company' manager to assess the door and he agreed it was terrible and verbally said that we would get a new door and fittings ( that were also damaged ) but not a frame . I was annoyed about this as they come as a factory calibrated set and also the removal of the frames would cause damage and scratches to the frame which was not what we ordered ie a brand new door . We asked for a full replacement of the door set and that was refused .We then noticed further damage to the brickwork under the door that was just placed back and never reported to us .We have since asked for a refund / been refused and had to go the bank for section 75 claim .After legal wrangling with the bank ( suppliers of the interest free credit) the company now wants to 'cancel' the contract and says we have 30 days to get a replacement door and we have to inform them to collect the door so we will be left without our perfectly good old door - a large hole and damaged brickwork ! Do we have any rights to 'restore' us back to the way it was before the work was done - can they legally come and remove the door if they cancel the contract ? Have we any legal redress for the fact we have to get another fitter and get the damaged brickwork mended ?

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What the bank means is that you will get a refund on the new door, but then you'll be left without a door and damaged brickwork.

To recover this loss you will need to take the company to court, however I look at this from another angle:

Once they refund the door you'll get another company to fit another door and I'm sure they won't charge extra to fix a few bricks.

So in the end you'll be left with a new undamaged door for the price you originally paid.

No need to go to court imo.

Start looking for another door, give the company the opportunity to remove their door and if they don't want to do it, make sure you take plenty of pictures before fitting a new one so they can't claim that the door was in perfect condition.

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