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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
    • @BankFodder have you seen the first paragraph of this defence on the name. Am I missing something?
    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
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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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advice re csa and education

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Hi Guys, Im not new on here, couldnt find my email and password so had to re-register!


I hope you can advise on this, its like jeremy kyle but here goes.


My husband's ex has numerous kids by different fathers, there's 8 in total. Her two youngest kids are 19 and 16. My husband is on the 19 yearolds birth certificate as her father although, he is definitely not her father (he met the ex when she was 6 months pregnant). The 16 year old is supposed to be my husbands child, although the ex has said he isnt, but shes an idiot and we can only go on her word.


The ex, took the kids out of education, the eldest at 14 years, the youngest at 9 years old and was supposedly 'home schooling' them. She hasnt and the kids arent too bright, they have no qualifications and she has certainly not home schooled them, unless Mr X-box has come up with a whole new concept!


Weve started to get letters from the CSA demanding information. Firstly, im my husbands employer so Im not really happy about the CSA asking for my husbands details through my business, but i dont want a fine, but i certainly dont want to help them.


Obviously, I want to fight this as much as possible and not be taken as a meal ticket for the feckless ex, who has never worked and uses the kids as an income.

My question is: the CSA state in all their literature 'the child in full-time education' but he hasnt been in education for 7 years. We are wondering if the 16 yearold has been made to go to college to try and get him reading and writing? but it still wouldnt be full-time education.


Also, we want to DNA test both kids, we know that my husband is not the father to the eldest, but because he was such a moron, the CSA want to put this on him. I understand that if the kids and ex refuse this the case is closed.


Also would they be able to back date the CSA?


Were ignoring their communications at the moment until, i have some information. The family live on the next street to us, but the youngest isnt allowed to acknowledge my husband, even when my husband says 'hello' to him in passing. The ex threw my husband out in 2002, so its not as though he walked out.


Hope you can advise... thanks

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Hmm tricky one. Firstly I'm not sure if by being on the birth certificate your ex husband has parental responsibility for the 19 year old even tho he is not the biological dad. Secondly your husband is perfectly entitled to ask for a DNA test if there is any doubt over who the father of the 16 year old is. I must admit tho I don't get why she is saying he isn't your husbands child but then trying to claim CSA for him off your husband. Thirdly CSA is payable as long as child benefit is being received for the children in question. Unless they are both at college then I doubt she would be getting it for the 19 year old. The 16 year old might not be in full time education as such but as long as he is doing a certain number of hours in college then it counts. Finally I believe CSA can be back dated to the date the claim was opened so bearing that in mind I suggest you fully co-operate with them and get the ball rolling on a DNA test

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hi ros


thanks for your response. Ive been on another forum today and got some help there. I think the way to go is with the DNA. The csa will presume hes the biological father because of his name being on the birth certificates and because hes stuck his head in the sand over this, its going to take some sorting out. The 19 year old may be over age now, but my concern with her is if they ask for any backdated payments, hes definitely 100% not her father.


With the youngest, the ex has said that hes not his, but we dont know until he's dna tested also because the ex is approaching 60, has never worked and doesnt want to work, she'll be looking at us as somesort of meal ticket. The woman wouldnt know how to spell moral, nevermind have any.


Ive also spoken to a solicitor today, so we'll look at that too.

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I have to admit I've been thinking about this one since replying and was going to come back and say I think legal advice might be a good option to consider. Definitely think you need the DNA tests tho. Keep us updated with what happens please :)

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i will do Ros. Im really annoyed at the moment, i dont mind paying (if hes his son?) but when she spent the time with my husband and basically spent his wages on herself and her kids, there was no food for him and even kicked him while he slept. - and now she wants money, bl**dy horrid woman. (i know im ranting) :evil:

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