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    • Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
    • well in every other thread advocate or not evri always send a cpr27.9 because they never turn up. I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not. I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)
    • OK, thanks.  Jake Burgess is well known to us - and well despised. Friday would be great as then there would be the weekend to tweak things. 👍
    • Thanks FTMDave.  VCS's WS was from Jake Burgess.  I will draft my WS and share with copies of court order, and VCS's exhibits asap.  I'm away tomorrow so more likely Friday.  Thanks again for the advice   
    • Thanks. Time to move on this. 1.  You need to tweak the magnificent WS that dx suggested.  Adapt it to your case.  It should take you about half an hour (I recently wrote a WS from scratch during a train journey which wasn't optimum 😂 with lots of cross referencing and it took me an hour an half, you have one already cooked thanks to dx). 2.  We will add bits to ridicule VCS's WS - it's rich that they moan about your defence being standard when their Particulars of Claim are too and also include the rubbish about keeper/driver that has been criticised numerous times by the courts. 3.  Who wrote their WS?  Was it Mohammed Wali or Ambreen Arshad or have they got someone new? 4.  We need to see a good chunk of VCS's exhibits.  I don't get why we have to keep asking you for things rather than them being volunteered.  Isn't it obvious that we can't help you compile a decent WS if we can't see what the other side is arguing?  All their silly signs aren't needed, but any contract with the landowner is important as are all the photos of your vehicle. 5.  You've never shown us the court order which fixes the hearing date.  It should be obvious we need to see what the court has ordered.  This is the second time we've asked. 6.  VCS were using Elms Legal.  Are Elms Legal still involved? 
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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.
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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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Thousands of UK Pensioners dying of cold - SHAME on UK Goverment


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50% discount for pensioners fuel bills

 

Thousands of UK Pensioners are dying of cold each year because of rising fuel costs of gas and electricity, the very pensioners who have spent years and years paying taxes to this corrupt goverment are now dying in their thousands each year in the cold weather because they simply cannot afford to heat their homes!

 

It is disgusting the UK goverment along with the energy companies are still fleecing pensioners, they must be a 50% discount of all fuel bills for pensioners in this country, it is the least we demand for the old people of this country.

 

the goverment can waste billions in occupation and illegal wars around the middle east and soon to be iran and they dont mind wasting billions, but when it comes to helping pensioners with a 50% discount on their fuel bills, they say no.

 

the goverment, along with the polictians are greedy liars, bankers can get millions in bonuses and everyone turns a blind eye

 

50% discount for pensioners fuel bills

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I agree i think it is so disgusting. I'm surprised though that no-one else has commented on this post! This government and all the hangers-on really make my blood boil.

 

The problem is with this country everyone just seems to accept whatever the government dish out and are not willing to do anything about it. it's time everyone stood up to them and said enough is enough!

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people in this country are like sleeping sheep, they do as the goverment tells them, they have been so "dumbed up" with all the garbage on tv like big brother and all reality shows and the garbage pop groups they do not realise the goverment is lying and pulling the wool over their eyes

 

shame on us for helping and standing up for the poor pensioners who are dying of cold each winter - the goverment has money for wars, but they can't feed the poor, its a disgrace

 

we have people buying houses worth millions, why would somone need to spend millions on a home, i mean where is the sense in that when people in this country are living on the streets

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A couple of factors, what drives the price of oil? That is the reason why wholesale prices go up.

Why has the UK not got any storage capacity for gas? Foreign compaines buy North Sea gas in the summer cheaply, they store it abroad, then sell it back to the UK at inflated prices.

 

I think it needs to be done on a means tested basis, some pensioners are well off.

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This Government are lining their pockets while pensioners and vulnerable people are dying!!!! How disgusting!

 

Its about time everyone stood up and said ENOUGH IS ENOUGH!!!!!!!!!!!!!!! They have got away with far too much for far too long!

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