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    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
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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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What kind of society do we want to live in?


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Many are concerned with how British society is changing. Whether our area of concern is governments program of austerity, cuts to disability benefits, the renewal of trident, tax avoidance/evasion, brexit, the annihilation of the NHS as we knew it, with allegations of government plans to privatise our NHS, media bias, climate change, or any other concern, attack, insult, demean, demonise and discredit "the enemy" (those who do not agree with every word we say) seems to be the order of the day.

 

We call ourselves a democratic nation, but a single episode of PM's questions would bring that allegation into question, as our "upstanding pillars of society" MP's, pass their insults, attacks and vile behaviour at fellow "honourable members". The recent in/out referendum brought out the very worst in British politics with insults galore, lies, false claims and promises being order

of the day. Our so called "free press", regardless of which side of the argument their paymasters supported were equal in spreading utter fearporn and confusion among the British people.

 

We are quick to point the finger of blame at government, often with good cause, but somehow conveniently forget that it was we collectively whom time and again have elected our politicians to their positions of privilege and power, where we have enabled them to make decisions on our behalf and continue to fail to hold them account for the decisions they make. Somehow, we have as yet failed to recognise that our seemingly preferred approach of attack, insult and discredit "the opposition" achieves nothing useful, nor do the utterly pointless petitions on the .gov website, which even at best, will only achieve a debate in the House of Commons

 

What we continue to fail to consider, is surely the fundamental question of "What kind of society, do we want to live in? If Britain is a democratic nation, surely we the people have a right to consider and express our opinions on this question, without the insults and other vile, degrading and wholly undemocratic tactics?

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Thread moved to the Bear Garden.

 

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Andy

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Thanks Andyorch/determindator,

 

I appreciate there is a lot there, the aim of which, is to get everyone thinking about taking a proactive approach to that with which we dislike/disagree

 

That which we don't like, WE can change......

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