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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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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      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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University threatening debt collectors for fees


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Ive been sent a letter by Bath University threatening to involve debt collection agencies and possibly court action if I dont pay a £1200 tuition fee charge. Only i was never really a student there, in that I never fully registered.

 

I transferred from another university into the second year, but was never too sure about it all and so didnt have that much to do with the Uni. I attended only a few compulsory days and a few early 1st semester exams. After the exams, I decided continuing was unfeasible and wrote a letter explaining this (which they now claim they didnt receive). I had no contact since, except for this letter. Id be willing to pay a reduced fee to cover real costs incurred, but having talked to them, its obvious they wont budge. Finance just goes by dates the department give them, and the department wont alter the dates. I didnt apply for a student loan and so cant afford to pay.

 

As far as I can see they are charging me for a service I didnt receive, I have caused them hardly any extra cost (being a transfer student, i havnt taken a place another potential student would have taken), and I didnt make any agreement to pay the fees anyway (paying, or agreeing to pay is part of the registration process that i didnt do). All i did was accept the place and attend a few days.

 

Is someone legally obliged to pay the fees simply because they accepted a place, or must they first make some sort of contractual agreement, as in registering before they must pay?

 

thanks for any advice! hopefully £1200 pounds worth of thanks!!

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I'm not sure about this one though I do know that registering on the course is enough to be asked to pay fees in scottish colleges. Several people signed up for our course, got the tuition payed by SAAS and then got hit with a bill for said tuition because they didn't cancel before the end of first term. I think the fact that you sat first semester exams means that you did enough of the year to justify them asking for a years worth of tuition but i'm sure someone more knowledgable will come along and correct me if i'm wrong.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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I think the fact that you pulled out of the course at some way through it is immaterial. By registering the place and starting the course, would have meant that no one else could book it. So I don't see what arguement you would have to not pay, unfortunately. How far into the course were you when you took the exams?

 

See if anyone has any different ideas I hope I am wrong on this.

 

Uni's are getting very quick on debt collection practices and even go as far as witholding degrees until debts are paid.

Consumer Health Forums - where you can discuss any health or relationship matters.

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another thought I just had there, unless you fail and registry services kick you off the course you have to fill in special forms to leave uni. I guess that part of this would be agreeing how much tuition is due. Did you fill out these forms? If so then look through your copy and see what's being said, if not then I really don't think you have a leg to stand on, if the uni never recieved your letter then they had a student with poor attendance who stopped turning up (well that's what i gather from your OP). The fact that you were a transfer student is immaterial, someone else could have transferred into your place, universities get a lot of transfers/direct entry above first year applications.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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gizmo: thanks for replying. that makes sense, though i dont think anyone else could have taken the place anyway as i transferred into the second year (ie way after they had already alotted places). So its not like i transferred into the first year and used up a place another applicant could have had.

 

Term started oct 3rd, i first attended in november (due to late application), for about a month, had christmas holiday and then took exams in jan.

 

jen: thanks, and thats a good point about my possibly preventing someone else transferring, didnt think of that. Although, i applied really really late (term almost started) and they only just agreed to create an extra place for me after interviews etc (they said if it were any later they wouldnt have). So realistically, i think the chances are very small that if i didnt take the place, someone else might have applied after me and gotten a place. And about those forms, no i didnt fill any in, but I didnt have to fill any forms in to leave Oxford when i transferred- just a letter of withdrawal. I think it depends on the uni.

 

My main leg to stand on is that i didnt register, so am not subject to the rules/regulations of the uni (ie i didnt agree to them). I know that usually the uni just forces withdrawal if someone doesnt agree/ register before a certain date. in my case, i think they somehow overlooked the matter until quite late on and so decided to charge me instead of forcing withdrawal.

 

And morally, my leg to stand on is that i really cant see how i caused them much cost- as i said, my place was created for me- it was in addition to the 60 or whatever places that they usually allow (my £1200 was going to be a bonus on top of their needed amount). And as i was so late, i doubt i prevented another transfer student. what do you guys think? am i just wrong?

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when you say that a place was created for you that just means that you'd added to the work load of the department, they had to teach a normal class size plus you which means rearranging tutorials to accommodate an extra student and stuff. Starting in Nov and sitting first year exams is enough for you to have to pay full tuition I'm afraid. If you challenge it the uni will argue that by attending and sitting the exams you will be subject to the rules and regs of the university, I don't think that the paper work is all that important here as you recieved education and sat exams which, had you continued in the year, would have led to a qualification. If you left on medical grounds you might get a partial refund but there's no guarantee, they're entitled to all £1200 but do remember that I'm speaking in terms of Scottish students, we sign an agreement with SAAS to repay tuition.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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