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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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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    • 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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Question death penalty.


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Odious as he is, he was never convicted of murder, "only" soliciting murder, for which he was sentenced (with other charges found guilty) to seven years.

He was also extradited to the USA, whose 'SuperMax' prison he has not found to his liking....

 

No was not convicted of murder, he was to chicken to do it himself, he got others to do it for

him, which in my book still makes him a nasty evil murderer.

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Abu Hamza wants to come to the UK to be imprisoned and why wouldn't he,

being imprisoned in the UK today is like living in a holiday camp, they don't

have to work if they don't want to, 4 meals a day with a choice of menu,

television in their cells game consuls, recreation etc; etc; (punishment my eye).

 

If they get ill it is immediately treatment unlike us who have to make an appointment

with the doctor, and how much does this cost you and me. (I bet some lonely OAP

would love that sort of treatment.

 

This is what you the tax payer is contributing to their life of luxury.

Statistics on just 1 prison.

It costs £40,000+ per year to keep 1 prisoner in Strangways.

The operational capacity of Strangways as of 1st April 2013 is 1,238.

I will leave you to work out how much that is costing the you/country.

 

No wonder the iis butchers known as the Beatles want to come over hear

to serve their sentence, (leave them in the Kurd prison)as far as I am concerned

if they wish to be martyrs they can dig out, but no they don’t they are just cowards

who get brain washed high on drugs youngsters to do it, other wise if he was so sure

about paradise Hamza would have put himself forward for so called martyrdom.

 

Yet, Abu Hamza isn’t in (prison in) the U.K., is he?

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Not the death penalty but rest of your life in prison. This addresses the issue of miscarriages of justice. The cost of keeping a prisoner to be off set by productive work which compensates the tax payer. I don't want to complicate the question with the circumstances of why and how the person is a killer, an example if you killed a burglar and the arguments we see 'with reasonable force'.

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Last post for me, just to clarify my opinion.

In the current sorry state of affairs related to prison sentences in uk, i support the death penalty if the offender (murderer) is guilty with absolute certainty.

However, i would prefer to scrap the idea of death sentence and let murderers rot in prison and do hard labour to pay for their stay, no tv, no playstation, no fancy menu.

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I dont agree with the death sentence for someone who has committed a single murder but would certainly support it fro those who have been convicted of multiple murders. sometimes people do things that are to the extreme and then regret their actions, someone who murders another and then follows that up with killing a second person has no defence of provokation, a red mist or whatever. So, spree killers like some terrorists or serial murderers like Fred West would face this penalty.

as for Abu hamza, he was convicted in Jordan but we didnt send him back home because they might put him to death. That is an EU law so perhaps in the future we will let other countries decide on how they implement their law and not have a blanket prejudgement. To a lesser degree the same applies to some EU citizens being returned as well as any Romanian or even Portuguese citizen can play the get out of jail free card claiming torture or even their cells are too small.

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