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    • judges will know the CRA. They can look it up if they need to Same with LPC (who will represent EVRI) You don’t need to send anything else to EVRI or the court no. Leciesters not really near but its not too far and unis out so might as well. what time is it may I ask?
    • Hi, thanks for letting me know.  I was just thinking that during the court hearing, how do i to refer to consumer rights act if the extracts are not in the court bundle that i submitted? @BankFodder's  response last week suggested that I would need to send something additional to the court, so am trying to confirm if there is anything I need to send to the court / Evri. Its next friday 7th June. Sure, its in Leicester. is that near to you?
    • Hi, im actually quick for once because its a bank holiday so no work anyway you dont need to write to anyone. Just bring it up at the hearing.   evri read this thread judges dont read emails   so nobody gains anything extra from any email you send.   Just leave it it’ll be ok.   Is your hearing this friday or next.   might come see it if its near
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    • Hi all, Just wanted to ask if there's any update/thoughts on Evri's defence (attached in post #246) and whether I should contact the court and Evri to explain that in addition to the 3rd party rights, I am also highlighting that the packink T&Cs which Evri provided in their bundle, details that there is a contract in place between a user (myself) and a transport agency (Evri) and therefore I am also claiming under the consumer rights act 2015? I'm thinking of sending an email to the court/Evri, but am not sure how I would add this as an amendment to my statement and court bundle which has already been sent to the court and Evri, and especially as the filing deadline has passed (was 24 May 2023). Any thoughts/suggestions are welcome. Thanks
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      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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    • 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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Might sound like a really dumb question but....


Wolfy
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looking at the copy of my agreement which has been supplied to me for an Egg credit card I can't see anywhere the right to cancel the agreement (as required I believe as a prescribed term). Am I right in that assumption. If the "right to cancel" isn't in the agreement isn't the agremeent unenforceable? Or I am completley wrong?

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link to the agreement on my thread here. The copy is in post 2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?221592-Wolfy-vs-Howard-Cohen-C-L-Finance&highlight=

 

and no mention on the signature box about be able to cancel. The agreement is from 1999 (one of the first to get an Egg card) if that makes a difference

 

Just noticed it does mention I have the right to settle at any time. Does that count as the cancelation bit?

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no

 

and dont forget even if the debt is un-en , it still exists..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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Hi Wolfy,

 

Ignore my last post... according to toymaker this only applies to agreements with a fixed term...

 

Glad someone put me right.

 

Regards,

 

Bosun.

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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