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    • Hearing held today in court. I attended in person and Evri had an advocate attend on their behalf to defend their position that my contract is with Packlink and not with them. I also provided a copy of Evri's terms and conditions which explains that a contract is entered into when a parcel is sent with Evri. The judge pointed this out to the Advocate and agreed there is a contract between me and Evri under the Ts and Cs. The judge explained that while Packlink are responsible for organising the delivery of the item, it is Evri who are responsible for handling the goods and delivering them, and therefor Evri has a responsibility to handle the goods with reasonable care and skill. So am pleased to say the judge found in my favour. Hearing lasted about 75mins. Evri has been ordered to make payment within 21 days. Also nice to meet @jk2054 in person.
    • Good morning,    I just wanted to update you on the situation.    I have visits piling up with my current employment and they need doing before I finish at the end of this month.  I am moving to Wiltshire in 3 weeks for a new job helping care homes with their Dementia patients. I tried to work it out and at a guess I will be doing about 20-25,000 miles a year. So need a vehicle that can cope with that mileage, my old car would have done it easy but 🤷‍♂️ I have taken out a loan and got a friend to find me a reliable car that can cope with the miles and hasn't been written off in the past.   I phoned Adrian flux to see if I could use the last months insurance on a new car I have bought, the girl I spoke to phoned Markerstudy and asked them but they said no, my new car doesn't have any modifications.    I had an email from someone who saw one of my appeals for information, they live near the site of the accident and know a nearby farmer who has a security camera at his entrance that catches the traffic and specifically registration plates as he has been robbed before. They said they would reach out for me and see if he still has the data. Unfortunately it wont catch the scene of the crash.   The Police phoned me and said they were closing the report I made, even if they found footage of the vehicle at the time I said the actual incident would be my word vs theirs.  My first response was I am sure google maps would show that they turned around at that location which would verify my version of events, but upon reflection I do understand, I have seen people doing make up with both hands while driving, eating from a bowl steering with their knees and veering all over the place. I am sure some of these people go off the road and claim that someone forced them off.    Markerstudy phoned me yesterday to say that my car is now at Copart, the £80 tank of Vpower diesel was emptied on entry to the site for safety reasons, which I get but it sucks.  It is awaiting being assessed and shouldn't be too long, which is a relief.  I am really glad things do not seem to be going the way of the other stories and they seem to moving quickly.   However I was informed that my car was a structural write off before I bought it - this destroyed me, I was almost sick.  and this is going to affect any offer of money - after hearing the first statement this didn't affect me.   They need to wait for the assessor to check it over but it is highly likely to be written off and the maximum they can offer is £2300.  I was desperate for a car as I was working for an agency at the time, no work no pay, and did not do a vehicle check because I didn't know about them.  The seller did not tell me that it had been structurally written off, he told me that it had the front wing damaged while parked and was repaired at an approved repairer.  Markerstudy records state that it was sold at auction, no record of repair at an approved repairer.  I bought it bank transfer with hand written receipt.    It gets worse.    It turns out my airbags should of gone off. For some reason they are not working. I think we can figure out why.  If I had hit that car head on and had no airbags.    Some good news.    I can arrange a time with Copart to go and take my stereo equipment and any personal items that are left in the car only. I cant live without music and need quality sound, my speakers and amps are Hertz and JLaudio, (no I am not a boy racer with booming subs, I am an audiophile on a budget) I was really worried I wouldn't get them back so this is a huge relief for me. It is stuff I have built up over years of saving and collecting. Everything to do with the vehicle and mods I have declared need to stay to be assessed.   The accident has gone as a fault on my record, I have to remove 2 years NCB which means I still have some to declare which is good.  So it appears at this point that it may be resolved quickly, not in the way I was hoping, but not as bad as I presumed it was going to be based upon that tow truck drivers attitude and behaviour and the horror stories I read.   I am not going to buy the car back and try to make money with all the parts on it, I don't have the time or energy.   I may need an xray on my back and neck.  The whole situation has left me feeling physically sick, drained and I need it done.   The lesson learnt from this  -  My conscience is 100% clear, my attitude to safety and strong sense of personal responsibility - A rated tyres even if on credit card, brake fluid flush every year, regular checks of pads and discs, bushes etc, made avoiding what I believed to be a certain broadside collision possible.   Get a dashcam (searching now for the best I can afford at the moment)  -  Research your insurance company before you buy  -  Pay for total car check before you go and see a car and take someone with you if you are not confident in your ability to assess a vehicle.      Thank you to everyone here who volunteers their time, energy and information, it is greatly appreciated.  You helped my sister with some advice a while ago but we weren't able to follow through, she is struggling with long term health conditions and I ended up in hospital for a while with myocarditis, when I got out and remembered it was too late.  I am going to make a donation now, it is not a lot, I wish I could give more, I will try to come back when things are on a more even keel.    Take care
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Not going to be able to pay rent shortly


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After a nightmare 6 months I now find myself in a really bad financial position. Basically my father died in a house fire in April and I was his carer. It turned out the house was uninsured so all the money from his bank accounts and money borrowed was spent on repairing the property so it could be sold.

As his carer for the last 10 years I was receiving Carers Allowance, top up Income Support, Housing Benefit and Tax Credits as daughter is student.

 

The CA and IS stopped after a run on period of 10 weeks (although IS was overpaid because they claim that the phone call that stopped all my fathers benefits, pension and carers allowance did not notify them for some reason so they now claim I have been overpaid £300+)

 

Up until now I have been managing to pay the rent topping up the HB with money from the estate at same time as repairing his house which as you can imagine costs thousands. I still receive HB and Tax Credits and will be applying for jsa.

 

The house has been up for sale since July and has sold twice but both sales fell through due to buyers losing their own sale. I now have enough money to pay one more rent then I am in trouble

 

I have been in my rented house for 6 years, never been late with rent and had an initial 6 month tenancy and now it is on a rolling agreement. My landlord is a private landlord and has a months rent in advance,a deposit of one month and a £600 extra bond I paid to enable me to have my pets at the property.

 

 

My daughter will not move into my fathers old property due to the death of her grandad, under those circumstances, she will not even set foot it it

 

I have been praying for a sale on the property before I got in this situation. There is still a few of my fathers utiities owing which they agreed to wait for till estate settled in full when his house sells.

 

From previous experience I am not sure where I will stand as regards getting benefits with notional capital as there was money left me, albeit it had to go on restoring his house as a priority. There depriving yourself of money for the purpose of claiming benefits springs to mind

 

Any advice on how I can keep my home would be appreciated. Obviously I stand to inherit over 100k whe house sold so whether landlord is in a position to accept reduced rent I dont know as arrears would be paid when the house sells/

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I am still getting housing benefit but there is a shortfall of £165 a month and I have over £200 a month in direct debits for utiities. Gas and electric alone is £90 a month. I have borrowed as much as I can and have no more funds available after this month of topping up rent and living food etc

Edited by xmedia
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Did you inherit your fathers house then? and if sold you will get the proceeds?

If so it must be declared as an asset which may affect your claim for HB! be careful.

If you don't pay the rent the LL can issue a section 8 notice when you become more than two months in arrears and it will take about another month to go through the courts and get an eviction order.

So you have a few months yet.

As you have explained it I see two options.

1, wait until house sold and then use money to get your own place.

2. move into the house ( daughter will just have to accept situation you are in ) then sell later if needs be.

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Yes I inherited the house. It is still in fathers name but can be sold by me as I am sole heir and executor of the will. Council are aware that property is for sale and empty and as I am claiming HB for my home I am renting now and not receiving any income from the property it is OK. This came up with regards to council tax. Seems because it is not in my name, it is not yet my asset until I receive the proceeds from the sale or the property is put into my name, they are aware of the situation.

 

I have no option but to sell it as I have had to borrow money to repair the house after the fire, that needs to be repaid and there are also outstanding debts from my fathers estate that need to be settled from the proceeds, final utility bills etc. I had to pay out for funeral and then there was not enough to repair house and clear bills There will not be enough money for me to do anything other than continue to rent and having been his carer and not working for last 8 years chances of getting a job at nearly 50 are slim:( The last 4 months all I have been in receipt of is HB and Tax Credits for daughter so now am down to last few hundred pounds and have been making up the shortfall from the money lent to me but now there is hardly anything left.

 

I can't live in it until it is sold because I will then have no income to pay any bills or live . At the moment it is not liable for council tax as it is empty and no services being used so no bills other than standing charges

 

I am in a complete catch 22 situation.

 

I have been a good tenant paying rent on time for 6 years, so dont want to be evicted for arrears as I wont get a reference for my future rental if I have to leave my present home. Then I will struggle to get a tenancy as I have no guarantor

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Yes have done all that probate has been granted.

 

I have already spoken to land registry when I wanted to see how much it cost to put into my name They told me if it was to be sold then I did not have to put it into my name as I am also the executor. My solictor will just need to send copy of will and grant of probate and death certificate when they are doing the conveyancing. This was confirmed by my solicitor when I had a buyer and I gave her the deeds etc.

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Cool, glad you sorted that out.

suggest you speak to the council regarding rent, they may be able to give you a loan or emergency funds.

hope the house sells quickly, would solve most of your problems, or maybe rent it out until sold?

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Thanks

 

It sold after three weeks of going up, then they lost their buyer. Sold again three weeks later and again lost their buyer due to bad survey. I have been so unlucky all round with it!! Coming up to quiet time for house buying before Xmas that is the problem.

 

Least worst case scenario is I have a couple of months but even with rent there is not enough money for bills and food:(

 

Just dont want to get no reference for a new rental if I am evicted

 

Dont think I can rent it would have to be a minimum of 6 months and I would need it gone before then. Would be scared of getting bad tenant also as it is brand new everything. They won't want to rent whilst its up for sale they could put people off also

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2 poss options to explore -

 

1 Have a word with few EA managers to identify any vendors due to complete before new property avail. Some will rent short term, rather than lose sale or take out a bridging loan.

Rental contract can be for 1 month then monthly rolling. The 6 month quoted min is mainly because Courts will not consider a s21 repo order before min 6 months for an AST. You would need a solicitor to draw up correct Contract.

2. Put property in your name, give current LL due Notice, move in. Find a suitable lodger under Govt Rent a room Scheme and rent, up to £4250 pa, is tax free (£350 pcm) PLUS no outgoing rent. You may still be eligible for HB etc.

Both options have pro's & con's but worth investigating to avoid what you fear most. IMO

CAB & Shelter and others here can hopefully advise further.

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Thanks for that. Maybe something to consider re short term rental for house buyers prior to completion.

 

As I said daughter will not even consider living in house due to the fire and her grandads death so moving in is not an option. She is 18 so not as if I can force her to.

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