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    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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 
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    • 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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My advice is to keep a very accurate diary of events, including names and times and exactly what happened. You may need this in the future. I would almost be tempted to get a copy of the hospital notes for the period through Subject Data Access.

 

The nurse who is wrongly dosing the drugs needs to be reported immediately. She is a danger to your son and to other patients. Put this in writing and deliver it by hand to the modern matron. If I saw this nurse dishing out drugs again without supervision, I would probably just contact the NMC for advice.

 

It may be an idea to contact the DoH Patient Choice Patient choice : Department of Health - Health care to ask their advice prior to the meeting.

 

In the meeting with the hospital managers, try to ensure that you are accompanied and that you take notes. Perhaps you could even ask if to record it. There really should be no objection to this.

 

Involve your MP. He/she may agree to accompany you to the meeting. Mine did.

 

Don't be intimidated by these people and never believe them when they tell you they have your son's and your best interests at heart. If you do not understand something, don't be afraid to ask them to explain.

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hi sali

 

Thank u for taking the time to answer my post. i am keeping a diary of whats been happening. The latest now is the meeting isnt going ahead as the ward supposedly had a call from my sons consultant (even though we were told he wasnt in til tommorow) saying that he has got some results and would need to discuss them with us. On the last mri they managed to get a few images but the radiographer said probably wont be any good. so on the basis of that we are wondering how he has managed to get results. Not sure if he is just going to take the word of the neuro docs that it is his facet joint thats the problem or he will just wiggle out of it all and send him home but either way we need proof we cant just let them guess what the problem is so will be asking to see the evidence. Bit anoyed that we have been left in this limbo overnight worrying what is going to happen. will update tommorow when we no more.

xxx

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pip, I find your original post extremely hard going , primarily because of the lack of paragraphs, basic grammar and some very interesting spelling , however after deciphering it

 

a fall in a 16 year old patient is likely to be passed to NHS direct or the ambulance service clinical advice desk by the call-takers in the ambulance communications centre, as in general ( and disregarding co-morbidities) this is not necessarily going to be something which requires an ambulance, however in the case of your son this may well be different due to his pre-existing condition.

 

in terms of waits for beds , perhaps you ought to be asking why the PCTs stop funding acute hospital beds but fail to provide the community based services they say will replace them, equally ask local authorities especially housing and social services why they are incapable of doing anything in a timely and cooperative manner.

 

depending on the policy of Acute Trusts 16 -18 year olds may well be placed on adult wards, especially where paediatric inpatient beds are limited by funding or estates issues. i have worked for a number of trusts where different criteria have been used

 

in one trust the determinant was compulsory school age, in another it was are they still at school ( in a larger trust with a larger paediatric bed base, and age specific wards for babies, young children, tweens and teens ) where in a third it was the 16th birthday

 

i'm guessing that this is also your first experience of 'adult' inpatient care with your son and you are finding that the much more limited information giving to next of kin in adult services is a very big difference to the way in which paediatric services treat parents

 

you are correct that the diclofenac dose was a drug error, the BNF and the product licence says 150 mg in 24hrs ,

 

it is also somewhat harder to organise anaesthetists for routine investigations such as scans in an adult patient ...

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My advice is to keep a very accurate diary of events, including names and times and exactly what happened. You may need this in the future. I would almost be tempted to get a copy of the hospital notes for the period through Subject Data Access.

 

The nurse who is wrongly dosing the drugs needs to be reported immediately. She is a danger to your son and to other patients.

 

you need to be careful making accusations like that on the basis of a hearsay report ...

 

yes it is a drug error if an incorrect total dose is given ... equally i have given medications in doses greater than that licensed for the drug , in divided doses divided in ways other than routinely recommended and have does so with the full knowledge of nursing management and the consultant responsible for the patient.

 

 

Put this in writing and deliver it by hand to the modern matron. If I saw this nurse dishing out drugs again without supervision, I would probably just contact the NMC for advice.

 

yes put your concerns in writing , to the Ward Manager, who will involve the matron as appropriate.

 

as for your other statement i'd be extremely careful with jumping the gun in a situation like this.

 

especially as it appears that the drug error didn't actually happen ...

 

 

Don't be intimidated by these people and never believe them when they tell you they have your son's and your best interests at heart. If you do not understand something, don't be afraid to ask them to explain.

 

unfortunately misguided crusaders and meddlers make resolving differences in healthcare far more complicated than it need be with their potentially libellous statements based on one third of the real story ( the observer, the practitioner and the actual truth) and confrontational attitude towards staff.

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ziggybr

 

Well the original post has gone missing, but it did state that the drugs were being dosed incorrectly and I responded accordingly. Any patient/relative/carer who has any doubts about the actions of any medic should be positively encouraged to question and should expect a prompt explanation. If I was still unsure, I would escalate it. Yes, the medic may be right...but equally they may be wrong. Would you want to live with the regret of not doing what you thought was right at the time, even if that meant the hospital staff thought you were being confrontational?

 

It is the Trusts who fail to be honest and transparent when dealing with complainants that turns them into 'crusaders and meddlers' (as you so sweetly put it). In truth they are just ordinary citizens seeking justice. The best thing is not to let it get that far and to stand up for yourself or your relative before things go badly wrong. This is not just my opinion - have you read the Patients Assocation's reports, the newspapers, seen the TV documentaries?

 

Libellous comments? Please! There were no names mentioned. The NHS would be never out of court if it spent all its time defending the negative comments thrown at it...most of which they'd have a hard time proving false.

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