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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • 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    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.

      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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Missed fracture of the elbow.


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Good evening.

 

Two weeks ago I banged my elbow, the morning after I had reduced movement and a lot swelling. I presented at the local ED and was seen by an ENP who after an xray said it was not broken, to his surprise due to the amount of swelling, so I was to mobilize it as much as possible.

 

Yesterday morning I awoke to an elbow for times the size it would be so I went to the GP who sent me to hospital to be told "oops, we have had a consultant look at it and we missed it" I've now got a collar and cuff and have to rest it for three weeks. Its so painful that I am now on Oramorph and not sleeping. I was told this in front of other patients waiting to be seen which made me very embarrassed.

 

What should I do, should I seek the advice of a solicitor, I am concerned about loss of function and how I was treated.

 

Thank you in advance

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It's a broken elbow, as painful as it is, you won't die, and it most certainly doesn't need a solicitor? They can't fix a busted elbow??

 

Not sure what an ENP is either?

 

Do you not have use of a 'walk in' centre near you instead of tying up A&E?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So what do I do when I can straighten my arm due to mobilising my arm for two weeks instead of resting it? Walk in center does not have access to x-rays so advised me to go to hospital...only tied up one service not two.

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So what do I do when I can straighten my arm due to mobilising my arm for two weeks instead of resting it? Walk in center does not have access to x-rays so advised me to go to hospital...only tied up one service not two.

 

I guess it does depend on the postcode lottery as to who has X-rays at walk ins and who doesn't.

 

The body's a wonderful thing, mobilising it or not for two weeks, won't make you lose the use of it forever.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That you for your input but unfortunately not keeping it still has now resulted in a displacement of the bone which means I need a operation.

 

I should have used the title "how do I raise a complaint?"

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I should have used the title "how do I raise a complaint?"

 

Ah well, in that case your first port of call should be with the manager of the department the Dr works in, or ENP??

 

It may be worth discussing with your GP whether the failure to immobilise and accurately diagnose the fracture is the reason why you now need an operation?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ask to be referred to an orthopaedic surgeon.

Ask the orthopod what should have happened, and the consequences of that not happening (would you have needed an operation anyway? Will you suffer any long term consequences as a result).

 

What do you want to achieve as an outcome?.

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Thank you Bazza, all I want is to find out what has happened and to ensure it is less likely to happen to the next person. I thought I needed a solicitor to complain but that's more for compensation and that's not what I'm looking for.

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2 things- are you sure they said mobilize it as much as possible and not immobilise it as much as poss (the more likely).

 

secondly,-how far you take this depends on what you want as an end result. Unfortunately the first thing on some people's minds is compensation from someone evenf if it was their fault that they tripped over in their high heels when reeling drunk. This makes the hospitals react in an unreasonably guarded manner and makes it nigh on impossible to get an apology so people sue because they havent had the satisfaction of an apology and use the compensation as proof they had a gievance in the first place.

 

Ask for your GP to send you for an opinion from somewhere else (another local hospital for example) so whoever has to write a report isnt going to think about what he has to say to that nurse or doctor when they pass in the corridor. In the meanwhile start your complaint via PALS as this will not be a speedy matter and you will invariably have to go through the next couple of stages of the complaints procedure and by then you will have all of the relevant information and likely outcomes of your injury

Edited by honeybee13
Paras
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