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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. 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 and 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 leading 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. If it's good for them it's bad for you. 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 but 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's 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.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • 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
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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How the hell have we got to a choice between Corbyn or Johnson

 

I'm quite sure that without each other, neither would be leading parties by now.

Labours Corbyn cock-up enabled Johnson, who is enabling Corbyn.

 

 

You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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3 hours ago, honeybee13 said:

 

And they want to tear up the Human Rights Act.

 

Yeah, but "get brexit done" and all that rubbish....

 

Also, sadly, a lot of people think human rights are only applicable to those other "people" and only when they're being used for something dastardly 😂

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I actually think although Boris will win a majority, very little of this will come to pass,  I don't think people are voting out of a love for Johnson, only that he appears to be the least worst candidate. He's got potential to be very unpopular, if not now, perhaps in the next few years when we will be approaching 15 years of Tory government.

 

All it takes is a good new Labour leader and the political landscape might look very different in the next few years.  

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Our PM has really covered himself in glory this week, hasn't he?

 

He took away a journalist's phone because the photo on it inconvenienced him and this morning he seems to have hidden in a fridge to avoid a TV interview he didn't want. Very professional.

Illegitimi non carborundum

 

 

 

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None of the Party Leaders have showered themselves in glory, Johnson is a clown, and Corbyn apparently as antisemitic as Hezbollah.

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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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The other question is. What if Johnson gets a majority? Surely Corbyn will have to go.

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If Corbyn did step down, McDonnell might try to take over a Trotskyist replacing a marxist, still the same result though.  As an aside, wonder if they will nationalise bailiffs, with all those exiting new business and other taxes etc to enforce on when they aren't paid due to bankruptcies?

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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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12 minutes ago, brassnecked said:

If Corbyn did step down, McDonnell might try to take over a Trotskyist replacing a marxist, still the same result though.  As an aside, wonder if they will nationalise bailiffs, with all those exiting new business and other taxes etc to enforce on when they aren't paid due to bankruptcies?

 

Make the most of using this website as we'll all be debtors prisons soon as we cant afford to live in Tory Britain 

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Sadly I think the right will win. In part directly because of leaving the EU but also because people are tired of not seeing the country being governed - they think Brexit then down to running the country. 
 

I am holding my nose and voting tactically , we have a new Tory candidate and a strong LD machine. Labour didn’t even select until the 11th hour 

Any opinion I give is from personal experience .

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15 hours ago, honeybee13 said:

Our PM has really covered himself in glory this week, hasn't he?

 

He took away a journalist's phone because the photo on it inconvenienced him

 

and this morning he seems to have hidden in a fridge to avoid a TV interview he didn't want. Very professional.

 

Good job (for Johnson, not us) that Gove wasn't anywhere nearby eh HB?

 

Everyone would be wondering where Johnson was while Gove was announcing he would stand in until Johnson was found

... whilst leaning against a fridge door ...

 

 

 

and anyone who thinks either of these blots on British Politics will resign under any circumstances is deluded.

They might get thrown out , and claim they resign - but even that is doubtful

Clinging on like a mountain climber clinging to the side of a rockface in an avalanche comes to mind.

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You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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2 hours ago, brassnecked said:

If Corbyn did step down, McDonnell might try to take over a Trotskyist replacing a marxist, still the same result though.  As an aside, wonder if they will nationalise bailiffs, with all those exiting new business and other taxes etc to enforce on when they aren't paid due to bankruptcies?

 

Surely someone in Labour must realise that they need to change. As much as I hate The Tories and Brexit, it would almost be better if Labour lost really big because it would have more chance of actually evolving into an electable opposition for next time.

Edited by London1971

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38 minutes ago, London1971 said:

As much as I hate The Tories and Brexit, it would almost be better if Labour lost really big because it would have more chance of actually evolving into an electabel opposition for next time.

 

Similar thoughts here

 

But as I also think both need stopping, and the libdems need more time to build, Johnson is the biggest enemy.

... Which is of course what Corbyn is depending on and the only thing propping him up.

Vicious circle

 

You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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I'm still sat here wondering why people hate Corbyn so much.  He's the reason I switched from LIb Dem to Labour because he's started talking about the things I've been going on about for years.  Privatisation as the biggest issue.

 

The Lib Dems aren't left enough any more, and have almost merged with the Tories.  In the same way New Labour merged with Thatcherism in the late 90s.

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Just now, Jase1982 said:

I'm still sat here wondering why people hate Corbyn so much.  He's the reason I switched from LIb Dem to Labour because he's started talking about the things I've been going on about for years.  Privatisation as the biggest issue.

 

The Lib Dems aren't left enough any more, and have almost merged with the Tories.  In the same way New Labour merged with Thatcherism in the late 90s.

 

Corbyn isn't that bad in my opinion, but he is unelectable, that's why he needs to go.

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3 minutes ago, London1971 said:

 

Corbyn isn't that bad in my opinion, but he is unelectable, that's why he needs to go.

 

Who is electable though?  Another Blairite?  Someone who dresses in a sharp suit, goes through the motions and talks like a robot?  Because I don't see any positive change for Labour .. I'll probably go back to voting Green

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13 minutes ago, Jase1982 said:

 

Who is electable though?  Another Blairite?  Someone who dresses in a sharp suit, goes through the motions and talks like a robot?  Because I don't see any positive change for Labour .. I'll probably go back to voting Green

 

Appeals to the middle, that's the way it's always been.  Yup, another Blairite will do it. Sure not perfect but infinitely better than Johnson.

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issue with Corbyn is he is now identified as antisemitic, and any government headed by him could end up with a British Dreyfuss affair.

We could do with some help from you.

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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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29 minutes ago, London1971 said:

 

Appeals to the middle, that's the way it's always been.  Yup, another Blairite will do it. Sure not perfect but infinitely better than Johnson.

+1

 

Far better an elected majority 'Blairite, than any form of elected Johnson or extreme ERG/Thatcherite

.. or any unelectable, undesirable, untrustworthy Marxist/Leninist/loonist

 

Trouble is we are left with choosing/losing our left nut or our right nut at the moment ...

(apologies to the Ladies for one interpretation)

 

Edited by tobyjugg2
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You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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29 minutes ago, brassnecked said:

issue with Corbyn is he is now identified as antisemitic, and any government headed by him could end up with a British Dreyfuss affair.

 

Yes but Corbyn isn't antisemitic.  That's the thing; I've not seen any specific antisemitism from him .  Several examples of questionable stuff from fringe members of the party, but the way I look at it is that they are representing the British people.  Yes, they should do more to route out these issues that are evident, but I can't see any evidence that Corbyn is anything close to Hitler (As some have tried to say).  In my working life I come up against all the discrimination's you can think of  .... racism, sexism, homophobia... What I mean is that these versions of discrimination are evident throughout society, and everyone should look at themselves before blaming the leader of the Labour party for all racism.   The criticism he has received has been staggering because everyone seems to be outraged whilst at the same time proliferating an atmosphere of discrimination in every day life.... fulled by the Tory party and people like Farage.

 

Why isn't anyone jabbing Farage in the eye and asking him to apologise for all racists?  Yet they're still happy to have him sat in their studios for a friendly chat even though he's not an MP.

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Whatever, 

 

But he (Corbyn) needs to go if Labour achieve anything less than a hung parliament.

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That is exactly what they do HB, then you get the whispers, the stalking horses and the backbiting, and the voters suffer for it.

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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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