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    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • If you want to cause DCBL trouble, then complain to the SRA.  It would be even more fun if mystic_bertie would complain at the same time, to show the SRA there is a pattern.
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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.
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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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The problem is, there are arguments on both sides.  Referendum was a binary question, it shouldn't have been?Leave won ,arguably democratic.  You and I think the referendum was a stupid idea, distorted by lies, but nevertheless it involved a democratic choice.  That's me playing devils advocate.

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Fwiw, I think the referendum was called for the wrong reasons, a lot of them to do with Cameron being worried about UKIP, and that the question was badly worded. For instance, it didn't ask about leaving with no deal.

 

Cameron, aka Captain Hindsight, assumed a Yes vote was a forgone conclusion and didn't bother to give much energy to the campaign. Nor did Osborne or May.

 

The Leave campaign had all the catchy slogans although quite a few of them have turned out to be economical with the truth.

Illegitimi non carborundum

 

 

 

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Correct but there is a strong argument that it is democratic.  And if the boot was on the other foot, and remain had won the referendum, we would be outraged if Parliament was trying to thwart it.  So both sides can throw accusations of being undemocratic around, and both are correct.

 

 

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Let me play devils advocate to Londons devils advocating

 

 

Lets say Aldi beans are 23p a tin

 

I say come to my shop, an easy 10 paces walk around the corner and I'll sell you beans at 15p a tin (a democratic choice?)

 

You get to my shop and I say the beans are 38p a tin - but you've got to buy them

you had your choice and made it

 

?

 

 

 

How many people would pay?

 

... Let alone if you get around the corner and its the slip road to the m1 and the shop is 200 miles up the M1 ...

 

 

 

We are becoming far to comfortable and accepting of Government lying to us and then telling us thats the way it is.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Oh and I dont just mean Johnson and Vote Leave, they are just the latest worst incarnation.

 

The thing to really be concerned about is if they get away with it

- thats the new normal ...  until it follows its natural path and quickly gets even worse.

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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1 hour ago, London1971 said:

Correct but there is a strong argument that it is democratic.  And if the boot was on the other foot, and remain had won the referendum, we would be outraged if Parliament was trying to thwart it.  So both sides can throw accusations of being undemocratic around, and both are correct.

 

 

Where is the strength in an argument that the referendum was democratic? It was as undemocratic as the stunt that Johnson has just pulled as it is designed to exclude Parliament from the decision making process.

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3 hours ago, honeybee13 said:

So it's the end of democracy then?

In as much as we accept an individual in a position of power can choose to bypass Parliament I think it is.  When it's an individual who was put in that position of power by their own followers only rather than the country it starts to look more like a coup than demcracy.

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How true

 

 

This is not new, but worth a watch

Brexit: Endgame - The $20T Secret, with Stephen Fry

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

4 hours ago, honeybee13 said:

So it's the end of democracy then?

I am not sure we have ever lived in a democracy- well certainly not in my voting lifetime. Once upon a time, not so many years ago, university graduates had two votes whereas others only had one. Now we get professional politicians who only want to do what is right for them- Johnson is a case in point, his switch to leave on the eve of the vote was a calculated decision with the aim of getting him where he is now- at the head of a deeply unpopular government that is only in power because the leader of the opposition hasn't understood he needs to play the game- oh and politically I support a lot of what Corbyn wants, re nationalisation of the railways and utilities and more public ownership.

 

 

By the way- living in Birmingham it is clear that not only will Brexit be a disaster but should they scrap HS2 the city will be on its knees

Any opinion I give is from personal experience .

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The petition to prevent dissolution of parliament (how appropriate a term) is well past a million and rising

 

https://petition.parliament.uk/petitions/269157

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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"Parliament must not be prorogued or dissolved unless and until the Article 50 period has been sufficiently extended or the UK's intention to withdraw from the EU has been cancelled."

 

Can't see that having any effect, potentially annoying the Leave voters who didn't want this mess, but then to a Remainer, any form of leave even EEA/EFTA is anathema so verboten.  Neither side comes out of this with any Brownie points. 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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15 hours ago, cjcregg said:

Where is the strength in an argument that the referendum was democratic? It was as undemocratic as the stunt that Johnson has just pulled as it is designed to exclude Parliament from the decision making process.

 

I am just trying to see this from the other side,

 

There are zero benefits to a No Deal Brexit.

 

I am a Remainer but would have been OK with May's deal going through.  It's also interesting reading , this.  Respectable Poll from a respectable source.  Suspending parliament isn't popular, even with leavers.

 

https://uk.reuters.com/article/uk-britain-eu-poll/few-britons-back-month-long-parliament-break-before-brexit-yougov-idUKKCN1VI1TZ

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3 hours ago, brassnecked said:

 but then to a Remainer, any form of leave even EEA/EFTA is anathema so verboten.

 

No so

 

The better than our existing deal cake and eat it all the benefits none of the costs, extra deals across the world ready to go before we leave, all without affecting our single market access and with no negative effects on our access or workers and environmental rights

 

... as sold by the Leave campaign

 

Would have done very nicely thank you

 

 

But some deal much worse than our existing deal, nowt sorted, worker, food and environmental rights out the window, collapsed currency, businesses and investment leaving the country  and slavery to whoever the Yanks might vote in ...

 

No thanks.

 

 

 

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Share on other sites

27 minutes ago, king12345 said:

In the mean time Germany is fearing a deep recession triggered by their healthy motor industry collapsing in the event of import tax imposed to the UK post Brexit.

 

ROFL

 

Whys that

Someone think that financiers and politicians won't be able to afford BMW's any more?

 

They will have little choice but BMW's (or JCB's) given the collapse of the UK's motor industry.

 

Raleigh shares might be a good buy though as ordinary people wont be able to afford cars at all...

 

.. now who owns Raleigh .....

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

Link to post
Share on other sites

It is going to be an interesting few days. Will BJ be defeated and if he is will he then be able to get the majority needed for an election? 

 

If Labour have any sense they will stop a no deal but let Boris go on after 31st Oct so an extension is in place. Next move would be a deal with the Lib Dems to form a coalition at a GE 

Any opinion I give is from personal experience .

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The MPs seem to forget that No Deal is the default scenario if no agreement ratified by the end of the negotiation period, that has been extended, without a further extension we are out.  Parliament cannot ban No Deal per se, EU Law is superior to UK law now, so Parliament have messed up.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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That isn't going to happen if Johnson and the Beadle's lot are still in charge.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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2 hours ago, fletch70 said:

It is going to be an interesting few days. Will BJ be defeated and if he is will he then be able to get the majority needed for an election? 

 

If Labour have any sense they will stop a no deal but let Boris go on after 31st Oct so an extension is in place. Next move would be a deal with the Lib Dems to form a coalition at a GE 

 

I disagree

 

Johnson and his cronies will do anything and everything to throw spanners in the works.

 

As BN says, revoke is not going to happen - without a referendum

We need an extension to get to that point

and we need Johnson gone.

 

Even Corbyn for a spell is looking the lessor of 2 evils - via a coalition with the libdems.

 

 

Strangely the Tory remainers are mostly trying to save the Tory Party if you look closely.

Real Tories are in a real quandary, and a brief Corbyn coalition could do it as long as the Labour Party don't let corbyn carry on with his spoiling tactics..

If Corbyn carries on with his crap then its likely we will be quickly back in the mire.

 

 

addendum

I deliberately left out the SNP

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

Link to post
Share on other sites

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