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    • Embracing your unique selfView the full article
    • 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.

      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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Petition:

https://www.change.org/petitions/prime-minister-this-petition-is-to-clean-up-the-financial-enforcement-industry-by-creating-a-public-authority-whose-members-are-selected-by-public-vote

 

 

This petition is to set up a publicly run body overseeing all debt recovery personnel, debt recovery businesses and government financial penalty issuing authorities. The public body members will be selected by a public vote.

 

 

 

The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses.

 

 

 

The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties.

 

 

 

The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade.

 

 

 

The purpose of the agency is to:

 

 

 

· Ensure ‘fit and proper’ people are working within the industry.

 

· Create a culture of ethical behaviour within the industry.

 

· Create transparency within the industry.

 

· Regulate practice that is deemed publicly fit.

 

· Be an authority for the public to raise serious concerns to and have them investigated as an authority.

 

 

 

· Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority.

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Do we require a public authority overseeing bailiffs activities:

 

Please Read and Comment:

 

The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses.

 

 

 

The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties.

 

 

 

The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade.

 

 

 

The purpose of the agency is to:

 

 

 

· Ensure ‘fit and proper’ people are working within the industry.

 

· Create a culture of ethical behaviour within the industry.

 

· Create transparency within the industry.

 

· Regulate practice that is deemed publicly fit.

 

· Be an authority for the public to raise serious concerns to and have them investigated as an authority.

 

 

 

· Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority.

Edited by danepaul
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Please dont make multiple threads on the same topic.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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danepaul is this a personal or professional issue. I see you've posted this link on another forum all over the place as well. Just wondered who you are as you're an unknown name on the forums. Not criticising, just being nosey I guess :-D

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We are aiming to change the law by creating a public authority overseeing bailiffs activities with full power and autonomy to investigate, licence and regulate the industry.

 

Please let me know your thoughts, experiences and knowledge on Bailiffs and issues your or somebody you know might have faced.

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Hello, this is not a similar threat, the first threads yesterday were asking people to support our petition. This threat is asking for feedback on peoples experiences with bailiffs. This is my area of experitise so I will ask questions relevant to this issue and do they believe we should have a public forum on the issue. :-)

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My view - a complete waste of time. We already have umpteen ombudsmen and departments overseeing the industry, but they are both gutless and without power.

 

Many people feel the same, which is why we aim to get an appointed public forum on the matter. I feel from what I have been hearing that we must really challenge this area otherwise things may never change for the better.

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danepaul is this a personal or professional issue. I see you've posted this link on another forum all over the place as well. Just wondered who you are as you're an unknown name on the forums. Not criticising, just being nosey I guess :-D

 

Thank you Cough Drop and be as nosey as you like :-) This is a professional issue and they are not the same (they were yesterday as I am new to the site :-)) But today I am asking for peoples point of view and experiences on the subject of bailiffs. I want to see if me and my group are going in the right direction in peoples eyes who have been in situations with debt recovery agents and bailiffs. I want to know what you think we should do to make the industry more transparent and ethical. I was invited by members of my groups who are on facebook to come onto this site as they are frequent members here to get further feedback and support :-)

Edited by danepaul
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The reason me and my colleagues put this petition together is because an older lady who lived near me was terroised by a bailiff, she was shaking and scared on her front door, for an issue that was not hers. I was not aware of these issues prior to this. When I tried putting a complaint in to the local authority and his company, the were not dealt with satisfactorily. This lunatic should not be in any position of authority. When I asked questions through social media, I was very angered by the stories that came back to me. I have since researched the industry quite heavily and decided to change things. We should not sit back and let this continue the way it is going. Any of us can be on the end of these bullies. (not all bailiffs, as many are very good and professional at their jobs) but many are not and lack of transparency and accountability supports unethical and in some cases illegal behavior. That is the driving reason for this. Hope this makes sense.

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I think you will find you're treading the same path many of us on here have already trodden. It's great you want to do something but realistically you will never do this just as a small group. You will know if you've researched as much as you say that the government is well aware of this issue and many bailiff companies want tighter regulation for the rogue bailiffs. It will be better to work with the existing channels trying to get bailiff reform than to start another splinter group attempting to do the same thing. That's not to say give, stay involved, learn more and more and contribute to others problems. Get your friends on board here if they're knowledgeable or wanting to learn, we all start journeys somewhere. You'll achieve more helping with day to day problems, and there are some effective complaints procedures through the LGO and Form 4's for serious complaints.

 

That's only my view, it's not for me to tell you what to do, I just think you'll do more good that way than the way you're talking about. :wink:

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I think you will find you're treading the same path many of us on here have already trodden. It's great you want to do something but realistically you will never do this just as a small group. You will know if you've researched as much as you say that the government is well aware of this issue and many bailiff companies want tighter regulation for the rogue bailiffs. It will be better to work with the existing channels trying to get bailiff reform than to start another splinter group attempting to do the same thing. That's not to say give, stay involved, learn more and more and contribute to others problems. Get your friends on board here if they're knowledgeable or wanting to learn, we all start journeys somewhere. You'll achieve more helping with day to day problems, and there are some effective complaints procedures through the LGO and Form 4's for serious complaints.

 

That's only my view, it's not for me to tell you what to do, I just think you'll do more good that way than the way you're talking about. :wink:

 

Thank you and mabey your right, but to me it isnt that black and white. I will continue my path :-) thank you for your feedback though.

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Many people feel the same, which is why we aim to get an appointed public forum on the matter. I feel from what I have been hearing that we must really challenge this area otherwise things may never change for the better.

 

 

 

We need something that is akin to the IPCC, made up of civilian public and experts.

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That is my aim, I am currently studying economics and understand the economic value of enforcement officers, so the only true way forward is by having a public authority overseeing the industry, with complete autonomy to make decisions without political interference. We can use experts from UK universities and appoint members overseeing the authority by vote. Some will no doubt come from this forum. It will be the only fair and just way to ensure the authority represents the public. Any thoughts or recommendations?

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Perhaps you could try one of those government petitions. Ten thousand sigs gets it debated in parliament.

 

http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&p=4418819

Also Put your request on http://pensionersclub.co.uk you know how pensioners are for doing the right thing.

 

That is my aim, I am currently studying economics and understand the economic value of enforcement officers, so the only true way forward is by having a public authority overseeing the industry, with complete autonomy to make decisions without political interference. We can use experts from UK universities and appoint members overseeing the authority by vote. Some will no doubt come from this forum. It will be the only fair and just way to ensure the authority represents the public. Any thoughts or recommendations?

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If this body is to be free from all government intervention/support,how will it be funded,on a set up level and then on a day to day running level?

 

Would the vote system for appointing members be a nationwide vote for each individual?

 

And why do you think that "experts" from universities would do a good job, many are already consulted by government and supply their expertise,i cannot see they would give better advice to yourself than they already supply.

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If this body is to be free from all government intervention/support,how will it be funded,on a set up level and then on a day to day running level?

 

Would the vote system for appointing members be a nationwide vote for each individual?

 

And why do you think that "experts" from universities would do a good job, many are already consulted by government and supply their expertise,i cannot see they would give better advice to yourself than they already supply.

 

OK I See, The body will have complete 'autonomy' to make decisions independent government intervention. This is the body will be able to make decisions based on our own research without the government telling us our decision were wrong or delaying processes. The bodies powers will be able to act on its members decisions concerning any aspect of the industry that is demanded upon by the public.

I understand your point with universities, that was not the only referrence we will use, it was just one option. Universities tend to work from a place of researched understanding, so they spend their time looking far deeper into things than the average person. But you are right, and there are plenty of people we can call upon, either way that will be down to the majority to choose. :-)

 

As for financing, their are several ways, either by the public or licencing of the industry etc. This is something that is also going to have to be decided when the time is near.

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