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    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
    • Hi, Thanks for the reply. The only correspondence I've had from them is attached to the post? Apologies if I'm misunderstanding. 
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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.
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      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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Scared of the future. Dont know how we will manage.


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Hi All

 

Just looking for some kind of thoughts on this predicament please.

 

We are in private rented property having lost our home 18 months ago. No savings of any kind. Other half is 10 years younger than me and not in a highly paid job. Im approaching retirement age and not in the best of health but have no pension. Due to working in the family business for a long time and then finding out that my stamp was never paid, then taking time out to raise children and working part time I have never accumulated a pension. A messy divorce also made sure I could not have oart of ex hubbys pension.

 

We are just able to afford the rent as it is with me working but I cant carry on working indefintely although intend to do so for as long as possible. Before I started the job I am in now we applied for housing benefit help but were just over the threshold with other halfs wage. He also pays child maintenence which isnt taken into consideration when you apply for benefits and this will continue for the next 9 years.

 

My worry is, how we will afford to live once I have to stop work. Even if we were to move to somewhere cheaper we would still only be able to be about £50 a month better off and to do this we would have to accumulate another deposit before we could give notice on the current place.

 

I just cant see how we can have a managable future. His wage wont keep the roof over our head, we wont be eligiblke for benefits and I will have no pension . Quite honestly Im scared of the future.

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Hi there - can I suggest you move your thread (or start a new one) in the benefits section, as I am sure you would be entitled to some kind of help. There are lots of very knowledgeable people on this site who, I am sure, will have lots of good advice to give you - you just need to post in the right place.

 

Good luck. x

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Thread moved here

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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This is something I remember being aired before-more than once.

Hopefully someone up to speed on answering will help you soon,given that this forum is the right place.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I just found this on the Pension Advisory Service website. I couldn't copy and paste it, but the question was on whether a divorced woman can claim State pension based on a ex's contirbutions. This is their answer.

 

'Yes. So long as you do not remarry and you will be getting less than the full amount of basic state pension, you can substitute the record of your former spouse for the period up to when your marriage ended, or the end of the tax year before you reached state pension age, whichever comes first. Note that this type of claim only applies to the Basic State Pension.'

 

I hope that helps a bit. HB

Illegitimi non carborundum

 

 

 

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Not been online for a few days so only just updating. Thank you for moving the thread Martin and thank you all for the replies. As far as claiming on the ex's pension, he wont have a full pension as was always workshy and I would be very surprised if he has enough contributions on himself. He is now remarried to a woman a lot younger than him who is supporting him as he isnt working even now. (Not a nice man!!!)

 

Last year when I was not working at all we applied for housing benefit but were turned down because we are just over the threshold with other halfs wage. Its not realistic though because when they do all the sums they dont include the child maintenance he pays each month in the calculations so we are not left with anything like they say to live on.

 

If I had to retire today we would be entitled to nothing and yet still be way below what we need each month for outgoings. I can see no option but to work until other half retires by which time I wil be mid seventies (assuming I can find an employer and my health allows it) and then when he no longer has a wage we may get some benefits.

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If I had to retire today we would be entitled to nothing and yet still be way below what we need each month for outgoings. I can see no option but to work until other half retires by which time I wil be mid seventies (assuming I can find an employer and my health allows it) and then when he no longer has a wage we may get some benefits.

 

There is no work available and as far as I can asscertain from the government figures all new employment will is going to immigrents.

 

My partner and myself is over 65 and still working we could not survive on the meagar state pension and if we asked for benefits you would have to jump through hoops for it. When you retire you are costing the government money with the small state pension and according to Gordon we are costing the NHS double the money that they put into it. Now I would would be terrifed to go into hospital as you would die becasue no one would even give you a drink of water and no food this was shown in the panorama programme last year re Stafford. This is a way of making sure we do not dodge the coffin as one labour MP said last week. It is the only way that government can save money for their lurcative salaries and gold plated pensions. :mad:

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