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    • Include that in your witness statement along with that letter as an exhibit.
    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • 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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    • 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.  

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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.

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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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Tricky Pension Situation - Advice needed


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I am new to the forum and so apologies if this has been covered before.

 

When I left my employer in 1986 the company put me on to Sedgwicks, (now Mercer) who advised me to transfer out of the company final salary scheme and into a section 32 buyout. My final salary pension was planned to provide a pension of £14000 and I was told I could reasonably expect to receive a pension of £28000 by transferring and so I did. The section 32 buyout had a GMP of £2907 which I wasn't aware of at the time.

 

In 1999 I claimed for mis-selling and there was no argument and Sedgwick proposed to add a further £3500 to the fund to compensate me. My former employer would not allow me to re-enter their scheme. I challenged the amount proposed but was told that the calculations were made in accordance with PIA rules and that with several years before my pension was due it was considered sufficient to ensure that the sum available at retirement age would be equivalent to what I would have received had I not transferred out. I had no choice but to accept the amount offered.

 

As I approach retirement age and without any communication from Sedgwick or Mercer since I have now discovered that not only was the amount woefully inadequate but it hasn't even increased the value of my pension beyond the original GMP - in effect I have not been compensated one penny.

 

I have written to Mercer who have told me they have no case to answer and if I am unsatisfied to take it up with the Ombudsman which I am in the process of doing.

 

But, I wonder if anyone else has had similar experience and if they have escalated and what the outcome was. It seems terribly unfair to me. The objective of the original compensation will by no means be achieved and I am severely disadvantaged. I suspect the Ombudsman will not find in my favour and I feel I want to take the matter further but do not know where but it sounds like something which could become terribly expensive and I don't have the means to pursue which in itself feels terribly unfair.

 

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I think you need to speak to a professional financial advisor...

 

I'm somewhat reluctant to talk to a professional advisor given that the root cause of this problem was as a consequence of the actions of a very large firm of professional advisors. And an IFA isn't really going to have the expertise or desire to get into the nitty gritty of this I suspect.

 

I was wondering if anyone else had taken a case further than the Ombudsman and if so where and with what result. It's a pretty daunting task to take the Ombusdman/FSA on but given the injustice and impact on my future I feel compelled to do so, but I'm not sure if it's practical

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suggest you continue with the ombudsman and see what they say.

I did challenge Hambro with my pension, when my employer switched plans and they increased my fund accordingly, but know way of knowing wwheher it was fair.

I converted my mine to an annuity as sonn as possible before I acatully retired to get the best deal, as they are losing value and management charges going up.

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suggest you continue with the ombudsman and see what they say.

I did challenge Hambro with my pension, when my employer switched plans and they increased my fund accordingly, but know way of knowing wwheher it was fair.

I converted my mine to an annuity as sonn as possible before I acatully retired to get the best deal, as they are losing value and management charges going up.

 

Yes I will although not optimistic of the outcome. I now know my compensation was totally inadequate. A final salary scheme which was guaranteeing me £14000 was transferred into a personal pension which is only forecasting to pay £2900.

 

Anyway I'll wait for the no can help letter from Ombudsman and try to figure it then, certainly not prepared to let it go but don't have the means to really take it anywhere else, hence the original question

 

Cheers!

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Hello there.

 

Would you mind just clarifying please which ombudsman you're in touch with, fos or pensions. Have you consulted TPAS at all?

 

My best, HB

 

I didn't know about the Pensions Ombudsman, have taken it to the FOS. Looking at the Pensions Ombudsman site they say they can't get involved "if the case is being or has been investigated by another Ombudsman" so I guess that's not an avenue to pursue. Nor was I aware of the TPAS and having had a look there they might be able to help. It does say on their site that they won't if the case has already been dealt with by the Pension Ombudsman but can't see reference to the Financial Ombudsman, so that might be an avenue once I get rejected.

 

Many thanks for alerting me to these services.

 

The one thing I find odd is that I haven't found anyone else that has gone through this. I the late 90's it was a highly publicised issue and I imagine thousands, if not tens of thousands, made claims similar to my own. Those that were as far away from retirement at that time as I was would have been "compensated" using the same formulae which have now been shown to be woefully inadequate. I can only assume that those individuals are unaware of their position or have chosen to simply accept it because they do not believe they have any further redress. In my case I am determined to fight for what I believe to be justice!

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