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    • This is kind of related but does anyone know since I have this ban from entering UAE because of my loan, can I visit Qatar? 
    • Thank you for that i thought id just ask as i was unsure.  Just hope its returned to me and doesnt spend the rest of its life going back and forth to Singapore  
    • Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
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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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can any one help please


graham
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Hello all,im a self employed window repair man,last 3 days i have been working a round a ladies house as far as i was concerned every thing was fine un till today at 6.00 she called me and asked me not to come back and she will not be paying me either ,the whole job is £1300 but i have asked for £500 ,i understand she has the right not to have me work in her house,but she has gave me to chance to put right the so called complaints ,and i beleive as most of the hard work is done she is trying to tuck me up,where will i find out about my rights as a trades man?

Is my only action going to court?

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She can cancel the contract, but can not refuse to pay you for the work already done.

 

You need to protect yourself by getting it in writing that she wants to cancel the rest of the work, otherwise, she could pursue you later by saying you never finished the job. I would strongly advise not to communicate by phone any more, and only in letters.

 

I suggest writing to her something on the lines of: "I understand from our phone conversation of (date) that you no longer wish the job to be completed, this is to confirm that I have done x, y and z so far, and that a, b and c still need doing. Bill for xyz is £xxx, which remains outstanding at today's date, and for which I expect payment within x days."

 

If the reasons she doesn't want you back is because she is not happy about the standards, yes, you should be given the opportunity to set things right, and she has the right to withhold payment until then.

 

Let us know how you get on. :-)

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This happened to my other half 6years ago.

 

He was a self employed landscaper and the people he was doing job for let him get to the last week and when he asked for payment they refused.

 

we sent a letter asking for payment and giving them 2 weeks to sort it out.

 

Next we got call from TS and the people had made a complaint saying oh work was shoddy etc.

 

TS were very sympathetic (the people had done this before to a windows company) but as a sole trader you have no rights. If you are Ltd company you are ok.

 

Upshot was they got a report from another (very expensive ) firm and on the strengh of that they had the right to get the whole job redone at full cost to oh and he would also be held responsible for future repairs over the next 6 or 10 (can't remember without checking) years!

 

Ts told oh that Ltd company can be bought cheaply and if you want to work for yourself you should do this.

 

OH had to declare bankcruptcy to escape these people!

  • Haha 1

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