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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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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 getting paid for work i've done! :(


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Hi. I need abit of help/advice please. The thing is i was contacted by a private nursery to work there for a month. I worked a full week (over 35+), but was unable to continue - due to some health problems. I notified them straight away & they were okay about it. Anyways i waited till the end of the month to get paid, however i did not receive anything. So i decided to contact the manager & was quite shocked by her response. She said ' the week i worked was a trial week & i wasnt going to get paid for it. But this was never mentioned at any stage! I thought i was working those hours to get paid at the end of it. So yh, i dont stand a chance of getting paid, do i - because its her word against mine & theres no paperwork to prove it. So shall i just forget it or do i have a chance of getting somewhere with it? :/ any help/advice would be much appreacited. Thanks..

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You say that you were contacted by the nursery? Was this in writing? By text message? By phone? I presume that there must have been some indication of a salary?

 

If there is indeed nothing whatsoever that can prove that you were asked to WORK, then it will be difficult, although not impossible, to chase them for the money. If there is some evidence to suggest a request for you to carry out work, but no mention of it being a trial, then this would be as much in your favour as it would be theirs. A judge would have to decide on balance of probability whether there was an intention to pay you, and after all, who agrees to work for a whole week without wages? A day or a few hours perhaps, but a week? A judge would almost certainly agree that a responsible employer would and should clearly set out the precise terms of any offer of work whether on a trial basis or otherwise.

 

If however there is no evidence whatsoever to support the fact that you attended their premises and carried out work then this would be harder.

 

Personally I would issue a Letter Before Claim stating clearly that you were never advised that the work was on a trial basis and put them to strict proof that there was any agreement to that effect. Demand that you be paid whatever rate was agreed or suggested, and give them a reasonable period (7 days, 14 days?) to do so or you intend to issue proceedings to claim what you are owed through the County Court.

 

They may call your bluff, and it will then be your decision whether you take them to court. You can do this online via MCOL for a relatively small fee, which can be recovered from the other party if you win.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you for getting back to me. Well basically 2 years ago i did student placement at that nursery. This year the manager randomly called me up asking if i wanted to work there. I asked about salary and she said it would be min. Wage. She told me to come for an interview, which to be honest wasnt exactly a proper interview. She asked me some questions & made me fill out some paperwork e.g. Contact details etc & took copies of my passport-documents etc. Tbh it was all rushed as she seemed quite busy that day & she needed someone to start the following week to cover a staffs annual leave. But i was never given any paperwork to take home with me. So yh in abit of a difficult situation :/

 

You mentioned issuing a Letter before Claim, should i write this to the manager or the boss of the nursery (who pays the wages). Also, im not very good at letter writing lol - do you know where i can find a good template from?... Its worth a try i guess, nothing to loose really. I mean i did 7/8 hours a day that week & to now be told i aint going to be paid, is just outrageous!

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There will be disclosure obligations on the nursery if you do issue proceedings - you can ask them for the copy documentation if they fail to disclose it. Technically if they failed to do so, or had destroyed the documents, it could be a contempt of court.

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