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    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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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.

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Locked in car park


Patma
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Im really shocked by the turn this thread has taken with the last lot of postings.

 

This is a matter that has gone on for a long time, it has been complex at the best of times and there have been numerous delays along the way when no news has been released by those who have been involved.

 

This matter was, as far as we know, last in court only 4 weeks ago and there have been a couple of comments from those involved to say that the matter was concluded and that judgement was expected to be revealed the following week. However, knowing how this case has been shaped over the time it has been running it would not surprise me if there hasn't been a delay.

 

While it would be nice to be kept up to date with the current situation is it really fair to post some of the things that have been recently because the thread hasn't been updated? I just hope those who have kept things updated aren't scared off from porting the eventual outcome - if they can based on whatever the outcome of the case is.

 

Feebee_71

 

Could agree more. Give it a chance guys, I'm sure that someone will come back at some point.

 

At the end of the day, the people concerned, initially at least, have far greater concerns than coming onto an internet forum to post the outcome.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Could agree more. Give it a chance guys, I'm sure that someone will come back at some point.

 

At the end of the day, the people concerned, initially at least, have far greater concerns than coming onto an internet forum to post the outcome.

 

 

I would have to disagree.

 

The hearing was on the 8th. We were told by JonCris that the appeal had concluded and Judgement was expected the next week (w/c: 11th Oct). On the 12th, JonCris tells use that the Judgement is being "considered" before commenting - whatever that means. We then here nothing, despite the fact that JonCris last logged in some 2 weeks after his last post on this thread.

 

They original parties have had ample time to give an update.

 

If the posters were happy to come on the forum at a time of stress to seek help, the least they could do would be to return and tell us the outcome.

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A bit of common sense goes a long way.

 

The essence of a Police caution is not a signature on a piece of paper; it's a warning conveyed to the person cautioned, especially to deter a repeat performance, the proof of which is thus the state of mind of the person. To rather pretend that there was no caution is tantamount to supposing that the subject is free to repeat the offence.

 

If a judge would rather have none of that I am not so surprised.

 

More to the point, the constructive thing to do when a car park barrier is out of order is to report the fault to the management, as soon as possible, or to report the offence to the Police, immediately, when the suspicion is that the thing was vandalised by somebody else.

 

If that failed to happen (as would seem to have been the case) the fuss that followed is because of that omission. Before accusing others of negligence it behoves to set the example.

 

8-)

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I would have to disagree.

 

The hearing was on the 8th. We were told by JonCris that the appeal had concluded and Judgement was expected the next week (w/c: 11th Oct). On the 12th, JonCris tells use that the Judgement is being "considered" before commenting - whatever that means. We then here nothing, despite the fact that JonCris last logged in some 2 weeks after his last post on this thread.

 

They original parties have had ample time to give an update.

 

If the posters were happy to come on the forum at a time of stress to seek help, the least they could do would be to return and tell us the outcome.

 

Sometimes "real life" gets in the way :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Real life?! What on earth is that! :lol:

 

I accept that people have things to do. But it doesn't take long to make a quick post saying "we lost" or "we won".

 

Especially when we consider that JonCris used to live in the RLP section of this site. He now seems to have vanished without trace.

 

 

I have a very heavy workload - I have just finished writing a report on a legal conference last week and I am now opening my criminal practice books... I doubt they will shut before 12 tonight. Despite this I still find time to come on here.... though I think they call that procrastination..:lol:

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Thanks Middenmess

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Obtained by a roundabout route from a reliable source is ...

 

Middenmiss,

 

Thanks for adding that update.

 

It seems that my previous comment about there being delays preventing those with knowledge of the current situation from posting about it is just about spot on!!

 

Lets now hope that there is some slack given to those involved to allow matters to be ironed out so they can get to the final conclusion of the case and then tell us about it in time.

 

Feebee_71

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For the record I want to make it clear that I have no knowledge of what has transpired. I have been out of the loop with regards Fred's case since the end of July and so am as in the dark as everyone else.

 

When I was told that the appeal was to be heard on 8th October, I was also promised that I would be informed of the result, but that did not happen.

If I should hear anything, I would immediately report it here, but I'm not holding my breath.

 

I just want to make this clear because when I was involved with the case, I was eternally grateful for all the support from so many CAGGERS and came to think of so many of you as friends and I would not deliberately withold information.

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Patma, what astounds me is that it appears certain posters imagine they are somehow entitled to know the outcome when, as far as I was aware, no CAGGER is obliged to post anything at all as a condition of forum membership. I would like to know what the outcome is but am mindful of Fred's right to do as he sees fit regarding this forum. Good luck and be assured that my support for you & Fred isn't conditional on reading any further update.

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Patma, what astounds me is that it appears certain posters imagine they are somehow entitled to know the outcome when, as far as I was aware, no CAGGER is obliged to post anything at all as a condition of forum membership. I would like to know what the outcome is but am mindful of Fred's right to do as he sees fit regarding this forum. Good luck and be assured that my support for you & Fred isn't conditional on reading any further update.

 

While this is correct, many people have given support and advice. It is important to give some feedback on the outcome, both to acknowledge this support, and to help those in a similar position in the future, to decide the correct course of action.Otherwise, what is the incentive to help each other.

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I have been out of the loop with regards Fred's case since the end of July and so am as in the dark as everyone else.

 

When I was told that the appeal was to be heard on 8th October, I was also promised that I would be informed of the result, but that did not happen.

 

If I should hear anything, I would immediately report it here, but I'm not holding my breath.

Thats very sad, particularly the implication of the last bit

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Thankyou Bedlington, I feel bad that having started and maintained this thread from the beginning that I am unable to fulfil my obligations to all the wonderful people who have contributed, you very much included.

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Ah well,

 

there's no need to apologise to me at least, not so foolish to have tried to support a person so obviously determined, all the way through, to help himself, never mind the expense to the rest of us.

 

We live and learn.

 

It's the bits that were missing that made me doubt. Were I locked in a car park but entitled to be there, and to go home in due course, it would rather be me with a claim and complaint to make, against the management, from the start, and if so many took an interest (as eventually did as this thread progressed) I'd be there to thank them, on my own behalf, in person, not by proxy.

 

:hail:

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It's the bits that were missing that made me doubt. Were I locked in a car park but entitled to be there, and to go home in due course, it would rather be me with a claim and complaint to make, against the management, from the start, and if so many took an interest (as eventually did as this thread progressed) I'd be there to thank them, on my own behalf, in person, not by proxy.

 

http://www.plainenglish.co.uk/

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  • 4 weeks later...

Well, if I never hear what happened in the end, that would be slightly frustrating. But, the bottom line is that it isn't me that's primarily involved, and hence I don't feel that I have a right to know. All I do is send best wishes to those involved, and hope that those in the right (which I sincerely believe to be Fred) win out in the long run.

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