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    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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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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Virgin Media Poor service


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I have had some issues with my broadband service for over 12months, trying to discover and fix this issue has been troublesome, my connection looks and tests good if speedtest.net is used to check it but I had problems when using Xbox live, VM assured me that my connection was a good 30mbs down and 3mbs up. The problems persisted so I looked at my setup, I relocated the hub, installed new cables etc but yet no fix, I have contacted VM many times about this but they insisted that there was no fault on my connection, however over a 12 month period I had 4 engineer visits and 3 new hubs but the issue was not fixed.

 

In the end I called an independent company to check my networking and broadband setup, the results showed that although I did indeed have 30mps down and 3mbs up the connection was not stable, it was dropping outat very regular intervals. Again I contacted VM, they offered to remote connectto my PC and test the connection, I was told there was nothing wrong even though I insisted there was a problem which I supported by showing the VM staffmember a more precise connection test using Voip Quality testing. I was told it would be passed up to a supervisor and that I would get a call back, the call back never came so I wrote to VM asking them yet again if they would fix my connection, still no reply.

 

I decided to leave VM for all the above reasons, as they seem unwilling to help me resolve this issue and I really don’t have a choice. Today I received a phone call from VM from a rather stroppy young man informing me that I will incur charges for 3 month early cancellation of my contract, bearing in mind I have been with VM for well over 4 years as a refugee from NTL. From my point of view I believe they should refund me for the hours spent trying to fix this issue myself, paying for replacement equipment, third party opinion and for a substandard service forthe past 12 months.

 

Sory for the long post but hope this may help anyone thinking of using VM as a service provider.

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  • 1 month later...

I use them mainly for the 100m broad band but the tivo whuich in my case clearly was not as sold a better product than the v+ box but a different type of product that seemed to be still in Beta. I was told yes as I was in trial period I could go back but I would still have to pay the 50 odd set up fee help desk most unhelpful. As usual waited to ccol down checked price of BT who had just run fibre to our patch. Then my anual call to say that I am leaving and as every time so far someone who was helpful understood the concept of customer pay customer get and arranged to sort it all out as requested, what a business model you only get customer service if you are about to leave..I wonder how many dont go away and count all the fleas on the dog but just go straight to end of contract?

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