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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice please


piggy2001uk
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My dad passed away 4 months ago and one of my brothers is the executor of the will and has had probate for the last four weeks and as yet has done very little to sort the house out. My dad left a will which is straight forward, he left no debt .

 

My question is can my brother live rent free in the the house until he clears the house and put it up for sale and then sold.

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Our condolences piggy.....

 

Was your brother living there before your father passed away ....is that his residence also /

 

 

Andy

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I think you need to have a family meeting with your brothers and tell him its time to sell the home now...at least the house will be secure in the meantime...and make it clear that he must cover the costs whilst he resides there....Utilities etc....

 

You will only get 3 months before the rates become payable again...so he will also have to cover that the longer he resides.

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He is paying the utilities as he put them in his name

the only thing he isn't paying is council tax so I know he's on dodgy ground, he told council no-one is living there, it's a hard one with it being a family member doing the administration of the estate,

 

I've suggested a family meeting and he's saying no as he doesn't want any fallouts but that's all the communication we're getting so not sure what he is actually doing I'm 200 miles away

Edited by dx100uk
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Section 50 Application: You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985. You don’t need to prove wrongdoing or fault on the part of the executor – the court will generally replace an executor where, for example, relations between him and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered.

 

You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985. You don’t need to prove wrongdoing or fault on the part of the executor – the court will generally replace an executor where, for example, relations between him and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered.

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We could do with some help from you.

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  • 2 weeks later...

Hi Andy

 

Update the house finally went up for sale yesterday.

One thing I need to be sure of as my parents took out equity release on the property am I right in thinking the interest doesn't stop until the house is sold and not on death, brother is planning to offer the amount that was due on the day our dad died and not the accumulated interest to date, if the company say no to the offer he says he will take them to court which I know will incur further cost and delay. I've already told him the interest stops when the house is sold and not on the day dad passed away, it's in the documents my parents signed but will make it clear that I don't support court action if what I've said is right

 

Am I right or wrong

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You would have to to check the T&Cs of the Equity Release agreement....but would expect you are correct.... settlement...not death.

Equity release schemes are in simple terms a mortgage that runs for your lifetime & commonly has NO monthly repayments.

 

Also the impact of early repayment charges (ERC’s). As equity release providers are lending over a potentially long duration; in some cases in excess of 40 years, they need to set their long term borrowing plans accordingly.

 

Although most if not all equity release schemes will NOT apply any penalty on repayment of the equity release due to death.

We could do with some help from you.

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Thank you I read the terms and conditions a while back and my dad did say this would be case.

 

Just needed to be sure in my head I wasn't making it up and getting other family members putting doubts there. I have told my brother I will not consent to court action and maybe he should read the terms and conditions in more depth.

 

Thank you for your advice it's been much appreciated

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