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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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      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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No Cold Callers, Warning to Cold Callers, I Do Not Recognise You **Checked Oct 2015*


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 3 weeks later...

I've had a 'No Cold Callers' message on my door for the past year, and it's made no difference at all - they all just ignore it. Door-to-door sellers and charity collectors are actually told to ignore them (that's what they tell me).

 

Depending on my mood when I answer the door, I either just silently point at the message, or ask whether they can read. Most say they didn't see it, the rest say they saw it but ignored it.

 

Just sayin'.

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I've had a 'No Cold Callers' message on my door for the past year, and it's made no difference at all - they all just ignore it. Door-to-door sellers and charity collectors are actually told to ignore them (that's what they tell me).

 

Depending on my mood when I answer the door, I either just silently point at the message, or ask whether they can read. Most say they didn't see it, the rest say they saw it but ignored it.

 

Just sayin'.

 

Same here, I use to be polite but now I go and say cant you ******* read.

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Depending on my mood when I answer the door, I either just silently point at the message, or ask whether they can read.

 

Or as I have done in the past, ask for their ID badge. Once it is in your hand, inform them that you need to confirm their identity and close the door on them....... Eventually, they will knock again and ask for the ID badge back - At which point, you tell them that you have failed to confirm their identity and cut the badge up.

 

I am now on that company's black list and they have never returned :madgrin:

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Charity callers are a pain, ignoring clear 'No Cold Callers' signs every time. They tell me they are exempt, I tell them I've called the Police.

 

A double glazing guy was even seen climbing on someone's garden wall to rip off a 'no cold calling zone' sign the Neighbourhood Watch people had put up !

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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@cus42

 

Thank you for letting us know of your issue opening the PDFs in Adobe Acrobat professional, I have just checked the PDFs in Adobe Acrobat Pro and the only issue is that it takes longer to open each PDF as they are Protected PDFs.

 

Please try them again and just give it time to open the PDF and if you have any further issues please let us know.

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Both of those are awful, Hillards. You despair, don't you?

 

HB

 

Yes, a lot and quite often ;-)

 

I also have 'no cold callers' signs up with the Police logo on, a rep from a well known double glazing company claimed he could not read. I go into Victor Meldrew mode and report 'em - although it does not seem to do a lot of good. I had one follow up visit from a PCSO after the same charity knocked on the door two weeks running.

 

I make a point of telling such callers that I have no way of knowing they are real, anyone can make ID cards and get cheap glossy leaflets (Vistaprint do samples for free!) and if they have not made an appointment then they are not welcome. :-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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We used to get the gangs of 'ex-offenders' selling inferior cleaning products. They were hard to get rid of and turned up far too often.

 

Then one day I mentioned to one of them that I knew it wasn't his fault, but that this had been mentioned on the interweb and the local police were interested. I haven't seen them since. :)

 

HB

Illegitimi non carborundum

 

 

 

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