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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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    • Hello,

      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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    • 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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Time to Switch Supplier?


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ps

wld such a meter 'replacement' be free, or at charge?

 

Sorry Ford. Missed this question.

 

Our customers with the older three rate Economy 10 or Heatwise meters are being given the option of having a two rate Economy 10, Economy 7 or single rate meter. Whichever option they choose, these meter exchanges are free of charge. Given the way these meters are wired in to the dedicated heating circuits, there might be some electrical work needed.It depends on the individual circumstances and any associated costs would be down to the customer.

 

To flesh this out a bit, Economy 10 meters are fitted in the same way as the existing related meter. It would be wired in to the relevant circuits as now so the storage heaters/electricity water immersion heaters can be used in the same way. They give 10 hours of off peak electricity for all usage as I mentioned above. There's little difference between these new two rate Economy 10 meters and the older three rate or Heatwise meters and any extra costs of a qualified electrician will be minimal if at all. As I say, it depends on the individual circumstances. Like now, we've only the one tariff available for this type of meter.

 

The more conventional single rate or Economy 7 meters have more tariff options both with us and with the other suppliers. They may not, though, suit the current heating set ups at individual homes and that's why I recommend customers talk to a qualified electrician before going down this route. There may be some re-wiring needed to make sure the heating/hot water isn't affected.

 

Economy 7 meters have often been used with electric storage heaters but with these meters all 7 off peak hours are in one block at night. Storage heaters are insulated boxes containing bricks with electric elements running through them. They charge up during the cheaper off peak times. The bricks retain the heat which is then gradually released throughout the day. A common complaint with storage heaters is a tendency to leak heat and to cool down too early. This is where Economy 10 comes in. As well as the night off peak period, Economy 10 meters charge up in the afternoon and evening. This 'tops up' the stored heat and helps properties stay warm throughout the day.

 

Hope this helps Ford. Let me know if you need any more information as happy to help.

 

Have a good weekend.

 

Malc

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will do.

 

re price increases, EDF increasing some prices again within 6 mths!

ofgem, where are you...

see, once one increases (was it npower?) without intervention, then the rest will follow.

ofgem = self regulation = so as to avoid statutory regulation. is it working? ofgem apparently says no it's not.

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