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    • UK citizens will be subject to the same rules as other Third Country Nationals. Keir Starmer to warn of 'major disruption' risk ahead of new UK-EU border checks | ITV News WWW.ITV.COM Ministers will announce measures to try to blunt the impact of the changes, writes ITV News Deputy Political Editor Anushka Asthana. | ITV National...  
    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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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international call barring


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Hi all,

It has come as a major surprise to me that O2 are being incredibly unhelpful in applying either a credit limit to my phone (in case of unauthorized use if stolen), or applying an international call barr ( the most likely use if stolen).

 

Am i being unnecessarily harsh/stupid in requesting same or are they simply looking to profiteer in the face of possible misfortune?

 

Has any body managed to get this done with O2? And/or found an inventive work around?

 

Thanks

 

Jaba

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Hi

Yes mobile with O2.

 

All i have tried thus far is trying to persuade the call centre guys that this is somethings the network is well able to do IF they have the intention of doing so?....... but they are not interested.

I am also aware of a hack using some software, but that requires a jailbreak which i dont want to do at this stage.

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There's not a lot of point in arguing with the CC staff that O2's company policy is wrong - they don't have the power to change that policy.

 

Saying that, I seem to recall from my own (mercifully brief) days as an O2 CSA in Glasgow that international barring was actually possible, although a credit limit was not.

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If O2 no longer offers international barring, there probably is a workaround somewhere out there, though I suspect that any such workaround could be defeated by a determined thief. There are also anti-theft apps that will lock out the phone, delete stored data and so on and which can be accessed online.

 

You are not liable for any charges incurred after you report the theft to O2.

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If O2 no longer offers international barring, there probably is a workaround somewhere out there, though I suspect that any such workaround could be defeated by a determined thief. There are also anti-theft apps that will lock out the phone, delete stored data and so on and which can be accessed online.

 

You are not liable for any charges incurred after you report the theft to O2.

 

Although it is true that you are only liable for calls until the theft is recorded:

 

1 you do not have your mobile on you, and probably don't have a number for o2 on you.

2 a thief will take a phone with a view to instantly calling international premium rate number that they get some financial benefit to.

 

I would personally, just to put your mind at rest, Write to o2 and ask if they can confirm what measures they can put in place to protect you.

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I would personally, just to put your mind at rest, Write to o2 and ask if they can confirm what measures they can put in place to protect you.

 

An interesting idea and one i might just do to see what liability they may think they have.

 

. I still struggle to understand why so few if any people are complaining about this huge hole in consumer protection !

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Even if you disable & wipe your phone remotely a thief could put the sim into a different phone to use it ...

 

I am equally horrified by the mobile companies policies re credit limit etc. Even with insurance, you have to pay that instead - heads they win unless your insurance provider is a different company & they still cover unauthorised use after theft

 

I can't imagine that there are many customers who are completely happy with their lack of safeguards even against inadvertent own overuse

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Even if you disable & wipe your phone remotely a thief could put the sim into a different phone to use it ...

 

I am equally horrified by the mobile companies policies re credit limit etc. Even with insurance, you have to pay that instead - heads they win unless your insurance provider is a different company & they still cover unauthorised use after theft

 

I can't imagine that there are many customers who are completely happy with their lack of safeguards even against inadvertent own overuse

 

Hint for all, you can pin protect your SIM

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Your phone will have an option to add a pin. All phones do.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Yep. Usually 2 options. 1 is enable pin for the phone. Other is for the sim. On mine, both are enabled, so i need to enter my pin twice each time it auto locks itself, or i switch it on/off. Both Pins are different. On some smartphones, you can even make the pin a gesture so its pretty much impossible for anyone to crack.

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http://bswan.org/revenue_share_fraud.asp#.UaKSpNK-pcZ

 

November 2012

 

The basic GSMA roaming agreement for example, which is bilaterally agreed between two operators says that the originating operator must pay for all calls originating from his network — whether it is fraud or not.

 

..........

IRSF (International Revenue Share Fraud) is a huge problem that the industry finds difficult to manage. Unless we start getting some localized legislation in countries to stop the money flow, it will continue to be difficult to manage. Stop the money and you stop the problem.

In my view, the operator shouldn’t be paying money when they know that at the end of the payment chain, a percentage of this is going to get into the hands of fraudsters. In my view, this money is the proceeds of crime and payment could constitute money laundering.

 

from the previous head of Fraud Management at the Vodafone Group who left the post a few months ago.

the above article is a must read for anybody who wants to understand how the industry is being allowed to defraud the customers.

and this

http://www.itu.int/ITU-D/finance/work-cost-tariffs/events/tariff-seminars/Geneva-OriginID/pdf/Session5_Maxwell_GSMA_v3.pdf

 

the only protection the customer has would be to dispute the bill and wait for the Network to take you to court. I have not seen a single case where they risked doing this.

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100% agree. As always in the mobile industry all profit is good, but any responsibilities are shirked.

 

IMO Jabamusic is trying a pre-emptive strike here. It would be good to get the view of the networks so let us know how they reply Jabamusic please.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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