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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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

       

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Warm Home Discount


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Hello... I'm not sure how to post this, but here goes...

 

I believe I may be entitled to the Warm Home Discount. My home is rented and the gas & electricity is on a prepayment key.

 

The problem is that the accounts are in the landlord's name.

 

I contacted British Gas, but they say I'd need to change the accounts into my own name to apply for WHD.

 

Is this possible?

 

Mant thanks.

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You need to speak to your landlord, it is correct it is the bill payer who receives the discount and I believe the applicable date for this winter was 8 July 2018 - so you may be too late anyway.

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British Gas should have been informed of your details by the LL......you are the Tenant and User responsible for energy usage.Get him to update the details and then request details about WHD....as advised you will have missed the boat for this year but get it set up for next time around.

 

 

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Sorry if I have caused any problems over this.

The 8 July 2018 date is for those who currently get the Guarantee Credit part of Pension Credit and as long as they make contact by the given date - 28 February 2019 and your energy supplier or you who were with if you have changed and they were part of the scheme then you will get paid.

 

If you claim direct to the energy company because of a low income then you have to stay with that company until you get paid but there is a limit to the number of people they can help.

Further details from https://www.gov.uk/the-warm-home-discount-scheme

Edited by dx100uk
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A tenant can update the details with a gas or electric supplier, doesn't need a LL to do it .

 

 

Hello... I'm not sure how to post this, but here goes...

 

I believe I may be entitled to the Warm Home Discount. My home is rented and the gas & electricity is on a prepayment key.

 

The problem is that the accounts are in the landlord's name.

 

I contacted British Gas, but they say I'd need to change the accounts into my own name to apply for WHD.

 

Is this possible?

 

Mant thanks.

 

Yes.

 

Your paying for the G&E should be in your names away, Just ring BG or which ever supplier you choose and get the account transferred into your names.

 

The home warm discount is paid by a voucher with is applied to the pre payment keys when you top up...

 

Good luck,,,,

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi

 

What does your Tenancy Agreement say about Utilities i.e. Gas/Electric/Water etc

 

Does the Landlord own the Meters and charge you a certain rate for usage?

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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