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    • thanks dx did i check the wrong thing , i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name, have joint building society account for our state pensions to go in thats it for me, do not want any credit either at our age we just pay the bills when we get them
    • I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this So how else is it served?  so by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it?   
    • @jk2054 Thank you for this detailed response, and appreciate you are responding while busy.  In response to your points: In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute. I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs.  I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.  Does it mean a new witness statement will need drafting to send to the court / Evri?  As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS. In the email, is it worthwhile also telling Evri that I will be making a point to the judge that: the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink. Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri. Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday.  @BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court. FYI - Court date is in 2 weeks on 7th June.
    • as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise. dx  
    • hi word for word the message says please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++ that was sent on 20th feb, i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress,  will probably check again to see if there is anything  thanks for your help   
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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If it flew for more than two hours after being handed over to Vietnam the black box will be of no use as that only has a two hour loop for recording, so anything said or done two hours before the crash on will have been overwritten.

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One of the few tragedies where I've not been inundated with crappy jokes... the only one I've heard so far:

 

 

 

 

Check your mobile phone was not made in Malaysia... If it was do not use the "Airplane Mode" or you are bound to lose it.

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to me so far none of the theorys fit

 

if it was the electrical fire then there would have been calls from relatives etc after the time it was lost, not emergency calls just general "oh my god i left the cat in the oven" calls

with hijacking where the heck was it going, only thing in that direction is Australia and with their history on immigration rights the hijacker would have been bunged in the ocean

 

the only thing that gives the hijacking theory credabiity in my eyes is the possibility of cell phone jammers (fun to play with)

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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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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OK, let me rephrase that... What's the odds of even*"getting"*a mobile phone signal 30,000 feet above thousands of square miles of ocean... from inside your own *rsehole?!

 

Someone doesn't know their Ambellas from their elbow ;):)

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As they haven't found one solitary item, it could be anywhere in the world, might even be five minutes away from where it started, there are loads of little islands around there.

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hence the q mark in my post, and as the article says (ie yet to be verified), but have edited my post with 'poss'.

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