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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
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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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      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 regarding social services and university.


abc12321
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Hi all,

 

I hope you are well. I have been in foster care since I was 3 until I was 21, and now I am 22. However social said they would keep supporting me until I was 25 as long as I am in full time education. I completed three years at university and got my degree, I then decided to do a masters. However when I was barely a month or so into the masters I had to come home because I was taken ill. I wasn’t in a fit state to continue with mental health problem, thus at this point so I decided to defer my masters.

 

I was realised from hospital and came home, at this point social services were being fantastic about things. However, I relied on my social worker to sort things out as I was in no fit state to sort it myself. When I say thing like defer me from the masters, sort things out with the uni, accommodation etc.

 

3-4 months have gone by since coming home and I have recently discovered my social worker hasn’t done any of these things. I have had an e-mail from the university saying what’s going on, we know you are ill. Today, I discovered my accommodation contract hasn’t been sorted, in which they said I could get out if I provided substantial documentation from a GP. Obviously at the time I left things with my social worker and just assumed it was done, I now owe almost £1000. The thing is that in the summer we agreed social will pay for a certain amount and I pay roughly a £10 deficit each month, this was agreed verbally. I believe social have stopped paying the bill therefore I am lumbered with the whole amount.

 

In addition, when a student usually comes out of university social usually help said student get on their feet. However, the contact has been scarce over time. I received a cheque for £1,900 which was because my masters was on a scholarship and the uni said I can keep it as I was still enrolled at the time the incident happened. I was honest with social which was all good. At the time I said I would put it to good use and have driving lesson, with the aim of increasing my employability.

 

Contact has lessened and I feel in the lurch, as I am living with a relative and can’t stay here much longer, social haven’t helped in finding me a flat of my own, I found a flat on my own which was affordable, but I could get it as I had no guarantor and none of my family were in a position to help. Social then said they won’t help me because I have this cheque. However with various expenses including Christmas, I have spent a little of it, but now I am just using it to live essentially. I have had to go to the council and declare myself homeless. I am jobless at the moment and have been doing everything in my power such as updating my CV, applying for jobs and even been to a job interview today. I have applied for JSA in which I wasn't helped with, which can be trick given the circumstances.

 

I spoke to my social worker last week and she only wanted to see if I had applied for JSA so she could stop paying me Independent living allowance which is fair, because that has been good deed from them to me. However I feel slightly overwhelmed at the minute as I am trying to find a flat, a job. And now I have discovered that nothing has been done since coming back from university and find out I have this £980 debt. I feel it wouldn’t have been this much if my social worker had got me out of the contract. And uni fees are still being charged I believe.

 

Sorry, I don’t mean to paint social services in a bad light, I am only speaking from experience. And I haven’t ever had a problem with them before. But it’s agitating and everything is playing on my mind, which is not good for my mental health, as I have had to overcome a lot to get to this point. Any advice is welcome and thanks for reading.

 

Many thanks,

Abc12321

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@dx100uk - you usually know a thing or 2 - thoughts on this mate as the OP advises they had some mental health issues and social offering to assist would that constitute as his legal guardians as such and therefore they be liable to sort this mess out?

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