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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
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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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JSA after employment terminated due to incapability


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My wife is having her employment terminated by her employer due to incapability. She has severe rheumatism and dizzy spells and has been off work for over a year. She was working part time for 15 hours per week. If her firm terminates her contract will she be able to claim JSA?

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Your wife may hasve a choice, if her GP/Consultant states that she is not fit to work at present then she can claim Employment Support Allowance. If the GP states she is either fit or has some health restrictions then she can claim JSA.

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so may I ask flumps1976 please.....on jsa with health restrictions? would that mean that only work suitable and taking into consideration those restrictions would be the only work a claimant would be expected to take/do? and can that also be in relation to hours worked? sorry to hijack the thread, brother in similar situation to OP.

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My wife tried to claim ESA when her SSP period had ran out. She want for the infamous interview that they carry out and because she can lift her arms and dress herself they decided she would not be eligible. This was probably an unusual situation because she was employed at the time and it is an option to claim for ESA if SSP is no longer paid after the 26 week period. However, the interview by ASOS, as we all probably agree is an utter farce and doesn't cover things such as rheumatism or dizziness unless you are totally confined.

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Ruby Tuesday the restrictions need to be based on an indivdual basis, if the fit note states that person is fit to work but with restrictions then I believe the restrictions can be noted on the fit note by the GP.

The hours can be restricted if someone needs them to be e.g. someone has a condition that tires them quickly (ME, heart disease two that I can think of off the top of my head) but they could work for a maximum of 16 hours per week then that can be considered.

Then the restrictions on the type of work if someone suffers black outs then they would not be suitable for driving or work that involves heavy lifting.

But as I said it is considered on an individual basis.

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