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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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What Made You Want To Swear Today?


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Right click on empty space? Where is Crusher when you need him? :razz:

 

:lol::lol:

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I believe it is to increase security. Teething troubles will be sorted soon :)

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My daughter who was helping me put the machine on has shoved my hairbrush in now all i can here is clunck clunck clunk. Oh well it needed cleaning but it did not need to be noisy.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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My daughter who was helping me put the machine on has shoved my hairbrush in now all i can here is clunck clunck clunk. Oh well it needed cleaning but it did not need to be noisy.

 

 

At least it's not a cat like a friend of my sister did when she was a kid!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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no the cat does not like being picked up so would scratch her. Needless to say the hair brush is broken. Oh well l have 3 others somewhere.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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WHAT MADE ME WANT TO SWEAR TODAY- funnily enough NOTHING up till now, but it is only 7.10p.m. still

time. lol

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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My daughter who was helping me put the machine on has shoved my hairbrush in now all i can here is clunck clunck clunk. Oh well it needed cleaning but it did not need to be noisy.

 

 

I recently put a wash on with OH's work clothes. After I did them I washed my own clothes, it's a washer dryer (daren't put clothes out to dry as you never know what the feral neighbours might throw at them). My fave PJ's were stuck with bits of chewing gum on them!!!! I don't chew chewing gum! It didn't affect his clothes :-(. I don't check his pockets as I just don't like going through peoples pockets. I allways check my own but he has been told many times, before you put in wash basket, empty your pockets. Why should I have to check them (I choose to not have children for a reason). It took me ages to get the offending gum from the drum and my PJ's went in the bin :-(

Mungy Pup

 

I want to live in a world where chickens are free to cross the road without their intentions being questioned. :razz:

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Rogue tissue??? That's nothing compared to what I've washed thanks to DH!! I refuse to empty his work trousers/overall pockets as they're usually so filthy, I get loads of muck under my nails :p

 

So far I have washed lighters, pencils, nuts and bolts but the best one by far, was a metal measuring tape :lol:

 

He's had to fix the washer three times !!!

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Cyclists on the local bike event today not knowing which side of the road they should be on. :-x

 

Suicidal pigeons :|

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Cap1. Having to deal with them again and now, having re-read all the cr*p they've sent me over the last few months/years, I've wound myself up all over again:rolleyes::mad:

Time flies like an arrow...

Fruit flies like a banana.

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Thanks ladies:) Had a day out with the kids and just done a long letter to BC which has made me feel better. Now going to watch a trashy film - preferably with young(er than me) fit blokes in - and forget about it till it needs sorting again:)

Time flies like an arrow...

Fruit flies like a banana.

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There are just not enough tounge-out smilies on the forum to get you out of trouble for that one Bookie:D

 

I shall just go and quietly weep in a corner now. Assuming I can get my zimmer over there that is:p

Time flies like an arrow...

Fruit flies like a banana.

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Sooo.... Kirk Douglas, Charlton Heston, Tony Curtis & Robert Redford? :razz: :razz: :razz:

Lol. You know you're getting old when most of the England football squad is younger than you - I'm 27 in a few months.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Ok... An interesting way to compost, lol, and a new one on me.

 

If it's any consolation, unless you have a very good reason for having a bottom, you're better off without, as it helps the composting happening faster and better if the stuff you throw in is in direct contact with the soil below. ;-)

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