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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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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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Advice for parents, teachers and website owners from the Child Exploitation and Online Protection (CEOP) Centre


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Child Exploitation and Online Protection (CEOP) Centre

 

http://www.ceop.police.uk/safety-centre/

 

CEOP have created a series of suggestions for organisations creating new websites or platforms:

 

CEOP would advise organisations to create a clear set of guidelines and policies for their website that is tailored to their individual requirements. Whilst we cannot provide this service to organisations on anindividual basis we would recommend some resources and websites that should help you create these policies, and we can advise on some of the key issues.

 

Initially, it is important to highlight that no website can be judged to be absolutely safe. The speed and reach of information and the ease of communication through the internet can lead to risks for young people- through their own conduct (e.g. bullying), inappropriate or offensive content or through the risks associated with adults contacting young people. However, there are certain areas you can focus on that can encourage good online behaviour on your website or service.

 

 

Terms and Conditions

 

If your organisation does not already have Terms and Conditions of service (for young people and staff) to sign up to it is important these are created. These are helpful as they provide a clear agreement aboutbehaviour for both groups when using the service as well as providing protection for both staff and young people.

 

The Terms and Conditions can include information on Acceptable Use Policies (AUPs) for those inside the organisation. You may wish to use existing AUPs as the basis for your Terms and Conditions.

 

Some good practice examples of AUPs are available here:- http://www.swgfl.org.uk/Staying-Safe/Content/News-Articles/Creating-an-e-safety-policy--Where-do-you-start-

 

We have also attached an older Becta document on AUPs.

 

Staff should have guidelines about how they can contact pupils or young people via the website or any social networking sites they may use. AUPs may also cover managing profiles and personal information for staffon social networks.

 

Child Protection Policy

 

Your organisation should have a child protection policy in place. These policies should also cover online behaviours. The NSPCC has information for organisations on creating child protection policies – for moreinformation on child protection please visit the NSPCC Inform pages on their website.

 

It is important to ensure that the same child protection principles that apply offline apply in your online contract with children and young people. For advice and information on policy, procedures and codes ofbehaviour please visit the Safe Network.

 

If you plan on having a website that will collect personal information of users, the Information Commissioner’s Office has useful informationon handling personal data and on broad data protection issues.

 

 

Issues to Consider

 

Monitor

 

When establishing your website or platform it is important to be clear what the site is for. You should consider how you can monitor content, comments and behaviour on the website or platform to ensure it fitswith your intentions for the site.

 

If you are using or creating a website where users can interact with each other e.g. a public chat room or forum, then having moderators that are active and visible on the site can act as a deterrent from inappropriatebehaviour. You should consider how you can safeguard your organisation’s responsibilities for the website by making it clear to users the times that the site will be monitored and where they can report outside of these times.

 

Moderators should be able to give general advice or guidance to users. They should also be aware of your child protection policies, and how to report or refer any issues internally to your organisation or to therelevant authorities. You should conduct appropriate background checks on your moderators through the Criminal Records Bureau or local equivalents.

 

Where content can be posted in a public space another thing to consider is if this content is pre or post moderated. There may be additional moderating or filtering software your organisation can use that willhelp you moderate and restrict inappropriate language and content.

 

The UK Council for Child Internet Safety released a guidance document on moderation in 2010 which I have attached for you here.

 

Verification

 

It is important to consider who your target audience is and how you intend your website or service to be used. You may wish to consider how you can ensure that the website is being used for its intended purposeand put procedures in place to prevent access to the site from those outside of your target group.

 

If the service is private or intended to be used by specific groups of young people you may wish to restrict access to the website by including a registration and verification process.

 

Culture of challenge

 

We feel that it is important that websites create an environment where young people can report content or inappropriate behaviour and are even encouraged to do so. Your website or service can reduce the risk ofpeople using the site to make inappropriate contact by having clear reporting functions for users.

 

As a part of the AUP or any Terms of Service on your website it should be made clear to users that inappropriate behaviour will not be tolerated. Your organisation should have a process for removing or banningthose that break these conditions, preferably with the ability to prevent them from trying to re-access the service.

 

Reporting

 

In the layout for your website or service you should consider how easy it is for young people or users to report to the site or moderators.

 

We recommend that you add the ClickCEOP reporting button to your site. This will enable users to report any concerns about inappropriate contact directly to us at CEOP. To add the ClickCEOP report button to yourwebsite or service register your details at www.thinkuknow.co.uk/assetslibrary.

 

The Click CEOP button provides a platform for reporting inappropriate sexual contact, however the Click CEOP pages also have information for young people, parents and carers and cover a range of topics.

 

Chat

 

CEOP would not recommend that young people use websites with a video chat feature, particularly where the site is open to public access.

 

One to one video chat is increasingly becoming a key element of social networking, as seen in the use of services such as Skype. These services are notably difficult to police and it is often not possible to moderatecontent.

 

CEOP is also aware of how randomised video chat websites can be extremely problematic and of major concern to parents, schools and educators. These are sites where users are connected at random to chat with anyoneelse who is on the service at the time.

 

As a result of randomised interactions with little or no social guidelines or supervision, the behaviour of users on these sites can become uninhibited or offensive as their online actions appear to be untraceableand without consequence.

 

People (young and old) that use these websites are susceptible to inappropriate chat and offensive behaviour which could lead to bullying or grooming behaviour. For example, CEOP are aware that offenders are ableto record the video of others using video chat websites, and by streaming these recorded videos they imitate others and mislead the person they are in a conversation with.

 

Visible advice and guidance

 

You should include space on your website or service dedicated to giving information and advice on online safety. You would be welcome to provide links to the Thinkuknowor CEOP websites. Other helpful websites to consider linking to would be the NSPCC’s Childlineservice or the Cybermentors websites.

 

We hope this information is helpful. If you have any queries please contact us.

 

 

Children & Young People’s Team

Child Exploitation and Online Protection (CEOP) Centre

 

 

The CEOP Centre offers ...

Advice for parents and young people ...

Services for child protection professionals ...

A chance to get involved and protect children ...

 

 

For further information about CEOP's Education programme please visit:

www.thinkuknow.co.uk/teachers

For further information on the work of the CEOP Centre ...

www.ceop.police.uk

For specific advice to stay safe online ...

www.thinkuknow.co.uk

For details on the international work of the CEOP Centre ...

www.virtualglobaltaskforce.com

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Please don't rush, take time to read these:-

 

 

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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