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    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Just a reminder


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Guest Gertie100

Not starting a petition as such but:

 

Please remember to vote in the local elections in May.

 

Whilst we know that we are all stuck between a rock and a hard place with the political parties, the only tool we have currently to show the current establishment that we are not putting up with their incompetence and wonderful ability to drive this country into the ground, is to vote.

 

Before everyone jumps on me and tells me that the alternatives are no better, until we show "them" that if we are not happy we will vote against them and get rid of them (and do it to the subsequent lot etc etc regardless of party...) every political party will simply ride rough-shod over the law abiding, tax paying citizens of this countries.

 

And yes, I did look into running for our local council, however having to take a pay drop of £20k and still pay my bills doesn't add up so its not an option!

 

Thanks for reading!

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How about encouraging people to spoil their vote?

 

That effectively sends the message that you've ticked the "none of the above" box.

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Guest Gertie100

Ok - so taking that to extremes, no one votes (I know it won't happen) but if it did what would the outcome be? I mean literally, what would be the procedure?

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I know some people don't vote and that is their right. I do feel however that instead of me complaining about things by voting is the one constructive thing I can do to try and ammend things. Like they say its your voice, your vote.

Now which lying party of clowns am I going to vote for this year?:rolleyes:

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No, not, not voting. No vote doesn't get counted, spoiling a vote does and sends a message.

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Guest Gertie100

So applying the spoilt vote to my question - if all votes counted were spoilt who would be elected?

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Ok - so taking that to extremes, no one votes (I know it won't happen) but if it did what would the outcome be? I mean literally, what would be the procedure?

 

Could never happen - there will always be some votes, themselves and their families.

 

Also a 'spoilt vote' is not the right way to go as it could let in who you don't want.

 

If two people had 10 votes each and you spoil one, that is the same as two votes lost.

Your spoilt vote will mean that one of the people gets 9 votes and the other 10 whereas if you used that vote, one would get 9 and the other 11 so a more decisive victory and less chance of a recount demand.

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I turned 18 a couple of days after a general election. It was the most frustrating experience of my life. It annoys me so much that people who are lucky enough to vote, and what's more, in one of the most infuencial countries in the world, are either too lazy or too stubborn to do so and just waste the opportunity. While people have the right not to vote, they should seriously consider what they are doing. Nothing will improve if you refuse to vote.

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Oh to still be so young and idealistic!

 

I know one vote might not make a difference, but anyone who refuses to vote and then moans about the MP who wins their constituency has only got themself to blame for refusing to vote for anyone else to stop them.

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But then you have to ask yourself why there is about a 40% turn out in the UK, yet about a 98% turnout in France.

 

In France, there is diversity between the parties - they range from extreme left to extreme right.

 

In the UK they range from slightly right of middle to slightly right of middle. They literally ARE the same.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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In France, there is diversity between the parties - they range from extreme left to extreme right.
Not so you'd notice these days, when even the lefties had to choose between the right and the even more right. THEN they got off their a*ses and vote to stop the more extreme-right getting in, but that wouldn't have happened if they had voted in the first round and voted for the left candidate(s).

 

The above is the perfect example as to why Tom87 and Gertie are quite correct. ;-) I guarantee that next election, the turnout will be a lot higher than it has been for a long, long time. By then of course, Sarko will have milked the country dry and have destroyed 50 or 100 years of social advances. :-(

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Guest Gertie100

*crash*

 

that's me picking myself up off the floor!!!!

 

 

(runs around the room shouting "bookie thinks I'm right!!!!!" very loudly)

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That's the problem though - we have a two horse race (and have had since the 30s).

 

Our choices are to replace the self-serving parasites with yet another bunch of self-serving parasites.

 

Which way to go? None of the above - I'll be spoiling my vote.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Which way to go? None of the above - I'll be spoiling my vote.

 

Then don't complain if the sitation never changes and the person you didn't want gets in - you would have contributed to it yourself.

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Couldn't afford the deposit.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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Then don't complain if the sitation never changes and the person you didn't want gets in - you would have contributed to it yourself.

 

I will complain. The person I want won't get in even if I do vote - there is no choice. As there is no 'none of the above' box, the next best thing is a spoiled vote.

 

I remember all too well just how badly the Tories faired when the power went to their heads 16,17% interest rate, record repossesions, deliberate running down of the NHS etc... I am living the nightmare of this government at the moment. Which to choose from? Errr....neither. Both will fill their own coffers and create "jobs for the boys" - I can see no advantage to voting this lot out, or the other lot in.

 

By spoiling my vote, it is a counted vote - if the number of spoiled votes outnumbers the *real* votes, then I think this sends a very powerful message.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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