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    • If the legendary dx could offer his wisdom it would be greatly appreciated 
    • Hi there Manager for our soccer sixes team moved overseas mid season and we struggled for numbers so we told the ref about 5 weeks prior to seasons end that we would see out these games then be done and he told us he’d ’pass the message on to the relevant people’. Heard nothing, then 3 days prior to the new season beginning we were given our fixture for that weekend. Told the guy over text we had pulled out and the ref should’ve passed a message on but we were told sufficient notice wasn’t given and it needed to be in writing. I argued it’s not our fault the ref didn’t do as he said but we were countered by the T&Cs.    now being chased for what was £608 kindly reduced to £476 to pay off remainder of the season. Been sent a letter in the post from their accountancy team and told needs to be paid by Friday.   seen a lot of the other threads saying we can literally just ignore everything but im concerned about debt collections and credit score being harmed. Can anyone confirm if this all works/what we should do?   thanks
    • Hi,   I have given an official police witness statement for the prosecution in an upcoming criminal court case, and I am very anxious about what might happen.  Specifically regarding being cross-examined.  My statement is very short, and only a couple of paragraphs long, regarding a conversation I had with one of the victims.  I have tried to research online about what information about me the defence barrister might be able to find and use to discredit me.  I have by no means have a shady past but, I am concerned about what private information might be brought up, and as this is a case that will be in the national press as it is in the public interest.  The two preliminary hearings were reported in the papers.   I have tried to research  online what information the opposition can seek, but it is all very complicated.  I believe that they can legally access public records, but I'm not sure what information public records hold.  Can they access my medical records, educational history, HMRC, and Department for Work and Pensions? (I am a self employed sole trader).  I was arrested once, and this was unfortunately instigated by the victim in this case, so could well be of interest to them.  It resulted in no further action, however I have only discovered this week that that, in fact, this means I have a criminal record, and will be so until I am 100 (no chance)! This has really annoyed me to say the least, especially since I asked him afterwards why he rang the police and he said 'for a laugh'.  So I have started to look into applying for it to be deleted, but again, if anyone has any advice on this I would be appreciative. At the moment, my name isn't on the confirmed list to give evidence, but the detective I have been dealing with has said it is 'likely'. The names of the victims in this case will not be allowed to be reported, are witnesses fair game for the press? I really need no know how deep they can delve in to my life so I am prepared if my character gets assassinated in front of the nation. I really wish I'd never agreed to this.   Many thanks
    • A belated thanks dx. Yes I may take your advice regarding StepChange. I am finding that I am telling them (on behalf of my Son) the true balances outstanding? They never seem to check properly in which worries me. If I was to take on myself is there another way of dealing with various debts? I have already submitted other IRL complaints on his behalf. Today I have received a further response from Quidie T/A Fernovo confirming that they will waiver all interest paid.
    • Good evening  Case hearing this Friday 26/04. looking to have all my prep/papers ready.    just checking in to get update on my last post , ( the t&c’s attached). No name or address on them as per #49   thank you UCM  
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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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EU Law - Rights of the consumer against Insurance Companies


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The other person involved in a collision doesn't get to choose whether to issue a claim against them personally or against the insurance company.

 

In the courts, the claim always goes under the name of the individual. But the insurance company handles the claim and picks up the bill. Just let the insurer deal with it.

 

Not strictly true.

 

The Claimant can name the individual driver personally or choose to sue the relevant insurer under the European Communities (Rights Against Insurers) Regulations.

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Yep, if they issue a summons agaist him (correct procedure) he passes the claim onto the insurers. They will already likely know it has been issued but have to accept it from him as an interested party. The alternative to to defend himself and pass the buck at a later stage but they dont like that.

 

This.

 

The OP should tell his friend to pass any claim form to his insurers. They will then appoint a solicitor to act on his friends behalf who will deal with the claim for him.

 

The OP's friend must NOT try and defend this claim himself as his insurers may void the cover and refuse to pay out and damages or legal costs etc if he messes it up.

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Interesting, thanks. I was not aware of this.

 

No problem.

 

It's here:

 

The European Communities (Rights against Insurers) Regulations 2002

 

Right of action

3.—(1) Paragraph (2) of this regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.

 

(2) Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.

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