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    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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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.  

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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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Well hopefully tomorrow there will be a resolution - won't be pleasant but I'm afraid its a situation of my colleague's own making. To be honest, I think her getting a talking to about her attitude is long overdue. She's due to move on soon so that can only be a blessing, as well.

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Hi HoneyBee,

 

Yes exactly. I will just keep it on a purely professional level with my colleague now because she has burnt her bridges and I'm not the only one she's done it with so as I explained, she's shot herself in the foot and this time, the scars may be permanent. Luckily, like you say, I'm not a part of this mess unless my colleague wishes to act and in which case, won't have a defence to the contrary.

 

Have a good evening!

 

Regards

 

Rob

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This sounds petty. Dealing with people you don't like and dealing with stupid comments is just part of life. Best to shrug it off and move on with your life.

 

Unfortunately, my workplace is petty to the extreme. I know what you mean. Now my colleague doesn't really acknowledge me but in the end, I did nothing wrong and its time to move on but she has burnt her bridges with me now. I will remain professional, of course, because soon she's due to move on and then we can go back to some sense of normality within the office - its just an unpleasant time but as you say, that's life, isn't it.

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Unfortunately, my workplace is petty to the extreme.

 

Which is partly why you have been repeatedly advised to find a new employer where there are adults. but you have repeatedly ignored this. Almost like you enjoy the drama....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • 4 months later...

Hi

 

I wanted to ask you a question about something which has been bugging me about work and holidays. Basically, my supervisor has been putting in leave and not telling me about it.

 

Now, my supervisor has gone and done the same thing again - I don't want to make too much of an issue about this as I am not a stirrer but I am getting a bit annoyed because I am not being kept in the loop about her leave, nor am I being asked if its ok.

 

Don't get me wrong, normally it wouldn't be an issue but there has been instances where leave has been put in and I only find out about it later on after the fact the leave has been put in. When I questioned her about it, she was evasive but in the end, she finally told me. I wasn't sure if she was joking with her evasiveness or not.

 

Finally, I can't help but feel that I am being taken for a ride sometimes and its starting to get under my skin - a) am I over-reacting/is that fair? b) how do I approach this subject without causing an issue?

 

Thanks

 

Robin

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Hi Honeybee,

 

Yes I'm still here at RAF *** - so far, things are better than they were which is why I'm reluctant to throw in the towel. A job is a job and despite the cuts, it doesn't affect me adversely and I'd rather have a job than no job at all.

 

I was just wondering if I was being oversensitive about the leave issue and whether or not it is fair for someone to put in leave and not to tell you - to my knowledge, the leave has been put in (holiday booked etc.) and even the line management aren't aware of it. Surely its common courtesy to tell your co-workers when you are taking leave? Not to find out later on down the line. I just think its unfair but it might be me, which is why I didn't want to jump the gun.

 

Cheers for any help.

 

Rob

Edited by honeybee13
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Good idea Honeybee. Many thanks. I still can't see how they can get away with not telling you about leave. Surely you just can't put leave in without telling your line manager first?

 

Also, someone can put leave in and then tell you about it later, even when you work with them? Hmm. Not sure about that.

 

Anyways, thanks for the help.

 

Regards

 

Rob

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To confirm the Holiday/Leave policy within the company you would need to request a copy of the companies Holiday/Leave Policy.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 2 months later...

Hello,

 

I wanted to ask you 2 questions about practises in my workplace and get your opinion as to if they are fair or not.

 

Basically, I work in a certain department at my place of work and they all work, but me, to a flexi-time system.

 

However, my line manager strictly stated people in our department have no need to be on the system.

 

Then, I discovered later on that my supervisor was on the flexi system. My supervisor stated that they would

not take the job unless they were on it.

 

The other two people in the flight, as opposed to department, are on the same system, which just leaves me

not on it.

 

Is this fair because I don't want to sound dramatic, but have to endure my supervisor saying about building up

flexi to take leave and my other colleagues talking about using flexi for leave etc. and I find it galling.

 

Should I approach my Line Manager? If so, what should I do if he turns around and says I have no good reason

to be on it? My supervisor has no good reason to be on it.

 

There are times when I want to use the computer to do admin yet I feel I do not get a lot of time on the

computer and I politely asked if I could go on at a various time slot during the day.

 

However, at this particular time slot, my supervisor was on the computer and playing with her phone, doing a

task, which under normal circumstances, would take no more than 10 minutes and took her over half an hour.

 

I can't feel that she is disrespecting me and whenever I want to use the computer to do work, she questions

what I am doing.

 

She says I can be doing work as I am not busy yet as soon as I accept her wishes, she goes back on her phone

again.

 

Admittedly if I am not busy, I would do something else but not to the same proportion as my supervisor.

 

I just feel a bit annoyed right now and feel I can't really approach anyone to talk to about it in case it incites a

nasty atmosphere. Any help appreciated.

 

Cheers,

Rob

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are you still in that same job we've told you to leave millions of times because all the wee bits of office politics and trivia drive you mad?

 

 

No advice or opinions from me other than to please get a new job as I have advised you at least 6 times before!! At this stage you have no one to blame but yourself!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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To be honest, Emmzzi, your response here actually sums it up in a nutshell what I need to do - there aren't many jobs out there, though, but I am trying to find something that I might be able to do self-employed that is in the niche market.

 

In my current job, things had got better, but they then went downhill again. That's the problem with my job. Its swings and roundabouts. Thanks for the reply Emmzzi as always. Much appreciated.

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  • 4 weeks later...

Anyone heard from MARLIN EUROPE V LTD or have had dealings with this company ?

 

 

I took a loan out back in 2008 which I started to get into difficulties back in 2010

 

the Halifax defaulted my account due to missed payments,

 

I arranged a debt management plan through a non paying company,

 

I took this over myself once it was all set up,

and have been paying monthly the agreed amount, from 2010 to present date,

 

"I claimed all interest and charges back at the time", and

 

the debt was greatly reduced by doing such, and had all further interest stopped due to my financial position,

every year I received my statement showing payments made, and amount owing.

 

This debt over a couple of years was taken over my Albion ltd,

then Blair Oliver

 

everything has ran smoothly,

 

TODAY I received a letter stating that ALL rights, Title, Interest, and ALL personal Data has now passed over to a company named MARLIN EUROPE V LTD,

and the debt has risen to nearly 10k although the loan taken back in 2008 was only for 12.5k minus payments for two years

then reduced payments for 3 years

 

the debt has risen by nearly 4.3k so instead of what I thought was owed,

the debt stands at 4.3k higher than before the debt was passed over,

 

I have looked back on all the paperwork, and there is a mountain of the stuff,

and it does look like the 5 years interest has been added back on ?

 

I have not contacted this new company as yet,

the next payment isn't due until end of December,

so thought I would come on and ask for advice,

before I do make written contact,

 

Do I contact them with the letter prove you own the debt ?

I am prepared to continue paying monthly as per the agreement I had in place with the last debt collection company,

and will most likely spend many months sorting the extra 4.3k with them.

 

If any kind person whom has had or is having any dealings with this Marlin company,

give me a in sight of how this company works and how difficult or hard there are in dealing with, would be most appreciated.

 

I'm going now, to look into this company to try gain some information on them.

 

 

should you need any info regarding my thread, just shout, I'm never far away, cheers.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Marlin are a pain in the Arse...

 

Stay off the phone to them... everything in writing.

If you had an agreement in place and you were paying and its been sold...I would suggest complaining to Lloyds Group...

 

If Marlins are chasing for the whole amount then I wouldnt entertain them. They are a DCA with very limited rights, they can request you pay... but not make you...

Unless it goes down the enforcement route... Normally if a debt is sold for such an amount then it could be something is wrong with it

 

- No CCA agreement

- Full of charges

 

I would send Marlins a CCA request for £1 (Postal Order) and see if they can supply, they then have 12+2 working days to supply this to you

Be Firm, if they say they needs to contact Lloyds, tell them thats unacceptable as these companies should not be accepting debts that dont have the correct paperwork

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they now own the debt so can take legal action

 

this is typical of them to re-add the interest too.

 

you could cca them

 

but as its 2008, I bet it 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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