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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However there reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
    • Hi, From everything I've read about how EVRi handle mediation, and given I intend not to budge on my position, I am preparing for court. Having read the the full WS and court bundl @occysrazor kindly supplied, I am wondering what value adding the Jamie Bradbury v UPS Limited has?  Obviously this case was lost by the claimant and the ruling clearly goes against the Farooq case and more recently @occysrazor's.  Is the case to include it simply to showcase my argument as being well rounded? Interested in your opinions. Many thanks, Sam 
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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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Hi, My elderly mum is staying in a room in a hotel, basically in the attic which is roasting hot!

 

She asked for a fan but they said it was against health and safety!!! Is this true?

 

She is on a holiday from hell I think, wish I has taken her and M-in-L there my self!

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I suspect they didn't have a fan that had been 'PAT' tested. To give her one that had not been checked would indeed be unlawful.

 

I think the temperature issue is simply because of the weather - it can be particually difficult for those getting on in years.

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PAT testing is for an electrial item over 12 months old in commercial premises

 

the minimum temperture under health and safety regulations is 16 degrees although their is no maximum temperture as such and is contained in The Workplace (Health, Safety and Welfare) Regulations 1992

 

Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:

During working hours, the temperature in all workplaces inside buildings shall be reasonable.

 

the hotel are talking rubbish as the maximum temperture needs to be reasonable for which the hotel as a comercial busines has obligations under the regulations

 

to refuse a fan is in contravention of the regulations in my opinion and i would ask under what section of the health and safety at work act they are relying on

 

it all depends though on what is called a reasonable temperture, has she measured it

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as stated

 

staying in a hotel (commercial premises)

 

this is covered under the management of health and safety at work act 1999

 

members of the public, in this case guests, are covered under this legislation

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But I guess she would have to have a come back when they ask what do you mean or something? She is not of the younger generation

like the fighters! She is christian, godly with a touch of annoyance!!!

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ime sorry, i take for granted sometimes that people understand things i say and i tend to get ahead of myself

 

i feel sorry for her but their is not much more i can say

 

i would think when she returns home a strong letter of complaint is in order with an explanation

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yeah they have had traffic like you wouldnt believe and a crappy coach to replace the air con one that couldn`t get there.

not that you can do anything about that but stayed 2hr trip from eden and heligan and kept the crappy coach for the duration!

Why the company couldn`t find a hotel nearer I don`t know! Eden & heligan are half hour apart but 4-5 hrs travelling to each every day from torquay!

 

Just trying to make their life easier while they are there!

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and now the crappy coach won`t start so they may not get to Eden project today! I guess the good coach they should have had on fridays changeover is still stuck in traffic for 44hrs!

 

Diamond holidays you can`t contact on a sunday and the free skype number they give wants 7p/min! Talk about faulty towers!

 

Oh Look! here come manwell! Poor mum...

 

The mechanic is apperently on the way but he wouldn`t come unless "they" found £79 cash as they couldn`t pay by card on a sunday!

 

I guess that was the driver as he is the only contact point.

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just list the catalogue of errors from start to finish of your holiday

 

put it in writing and ask the tour opperator what they intend to do about it

 

if they decline contact ABTA

 

that is what they are their for, tour opperators need their accreditation to survive

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