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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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PDL Others and The DAS Scheme


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So this is a repost of a repost, as advised by dx :) - I'm afraid DAS might be my only option, took out that one payday loan and ever since i've let it spiral out of control (taken CC's to try sort myself but this backfired) To summarize: I'm Paid: £900-1000 monthly (9 week rotation +sales bonus so can vary month to month), I Owe:Wonga: 305, Payday Express: 350, Capital One: 500, Barclay Card: 400, Vanquis: 250, RBOS: 900 overdraft-- they will be charging me for this in a few months as i will be stopping any wages going into the account. Payday loan interest is the ones that are killing me, i could afford this (the monthly payments/deferments for all) until lately i had a wee sick period and got underpaid, i'm unable to get out of the arrears as well as pay the next bills (at the end of this month anyhoo)How badly does DAS affect your credit rating?, I only want to do it to freeze interest, and paying back companys in full is what i want to do, after all, i borrowed the money...i'm more than happy to give the money back. DAS meeting is on the 2nd july -- Is DAS the right option, dx is saying no, but no-one has explained an alternative, and (8) my time is runnning ouuut:P(8)- wee bit of muse! DAS- Debt Arrangement Scheme (Scots Only)

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Das ?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Given the circumstances and your intentions with the creditors something like a DAS seems ideal to me.

 

Your alternative options are

a) self negotiating (no guarantee of freezing interest and charges)

b) debt management plan (no guarantee of freezing interest and charges although usually a good success rate)

c) sequestration/bankruptcy (probably a little extreme given the amount of debt)

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Ahh gotcha. Thanks ims!

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They are very good. Like a DMP but gauaratee to freeze int & chgs and prevent further enforcement.

 

Thats good to know. You learn something new every day :) Makes you wonder though why ENgland and the rest of the UK don't get something like that. I would save a lot of headache and unnecessary stress on behalf of a lot of debtors.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thats good to know. You learn something new every day :) Makes you wonder though why ENgland and the rest of the UK don't get something like that. I would save a lot of headache and unnecessary stress on behalf of a lot of debtors.

 

Totally agree with you there.

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Thank you sequenci much appreciated:), Do you know if i'll be allowed a personal allowance under this Scheme? Smething no-one has nswered either lol. @ renegadeimp, I completely agree, write to your M.P. and try get it raised in parliment:) i'm sure it would help more than a few people down south

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It's worth a shot, but i doubt the English Government would listen really. If theres no way of making money from an idea for their own back pockets, then they seem to ignore it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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By personal allowance I mean money for me-time* :p

 

Your financial statement should allow you a little bit of money for yourself, it's not something that's directly listed so usually we (as advisers) would try to ensure that money listed within outgoings are sufficient to cover anything that might come up. More often than not this might fall under housekeeping. For example, amoutns can be listed to cover smoking + alcohol although I must stress than these figures must be reasonable or else they could get rejected.

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It's worth a shot, but i doubt the English Government would listen really. If theres no way of making money from an idea for their own back pockets, then they seem to ignore it.

 

Believe it or not there are a fair amount of MPs that are dedicated to changing things, it just takes ages. We could do with a few more taking an interest. Labour were way more progressive than the Tories are.

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"Believe it or not there are a fair amount of MPs that are dedicated to changing things, it just takes ages. We could do with a few more taking an interest. Labour were way more progressive than the Tories are." How to get more people to take an interest though... that sadly is the question:/

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"Believe it or not there are a fair amount of MPs that are dedicated to changing things, it just takes ages. We could do with a few more taking an interest. Labour were way more progressive than the Tories are." How to get more people to take an interest though... that sadly is the question:/

 

Extensive lobbying. Blogging. Forums. Comments on online newspaper articles. That kinda thing.

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