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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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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.

      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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****Is My Egg Agreement Enforcable Please****


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Hi and thanks for looking. We recieved about 30 pages of an agreement today after our cca request. It is late but is it enforcable?.

 

I've pulled out a couple of what seem to the the most relevant pages.

 

I've never seen a tick accepted as a signature before?

Can any of you advise please. ?

 

Thanks in advance

 

 

swscan00003.png

 

 

swscan00004.png

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hi there, I got the same agreement as you today. Guess what, it looks like fraud. Look on the first page at the first para. They state they are Egg Banking plc of Citigroup Centre .... but they were Prudential back in 2005, they were only taken over by Citigroup in 2007. I am asking a solicitors about this so I'll let you know what they say.

 

Because after December 2004 electronic signatures became acceptable under law, they have been able to rewrite agreements how they like ... but when you do fraud like that you usually slip up!!

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hi there, I got the same agreement as you today. Guess what, it looks like fraud. Look on the first page at the first para. They state they are Egg Banking plc of Citigroup Centre .... but they were Prudential back in 2005, they were only taken over by Citigroup in 2007. I am asking a solicitors about this so I'll let you know what they say.

 

Because after December 2004 electronic signatures became acceptable under law, they have been able to rewrite agreements how they like ... but when you do fraud like that you usually slip up!!

 

Let me know as well please. I am in the same boat with you guys. Online CCA Oct 2005.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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yes, mine it's the same, dated Oct 2005. However, I have just sent CCA request and so far simply assume that they will print out the agreement from online account.

--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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I have recieved a simlar printout for a egg personal loan.

 

However, I know that I did not sign online for this amount as I was planning to borrow less and handled the greater amount over the phone and then signed documents and returned via the post.

 

See my post here...

http://www.consumeractiongroup.co.uk/forum/egg/209963-egg-loan-cca-enforceable.html#post2297270

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Hi thirty-n-fat,

 

You have the Derby address on your agreement. I don't know what date it is for. Check archive.org to see what the address should have been at that time. There's a discussion here http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-50.html#post2314977 so maybe you could post up there too.

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Hi thirty-n-fat,

 

You have the Derby address on your agreement. I don't know what date it is for. Check archive.org to see what the address should have been at that time. There's a discussion here http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what-50.html#post2314977 so maybe you could post up there too.

 

I think you are barking up the wrong tree with this address issue.

 

cds

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