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    • More great news although that Boris the crooked liar can still garner that many votes does give even putin apologist frightened farage some hope in a seat somewhere, anywhere across the country - even if he never intends to be there eh?  
    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
    • What the locals are reporting ... Ashfield Independents overtake Reform in Tory Wipe-out Telegraph poll A Savanta poll predicts a Labour win in Ashfield, and puts the Ashfield Independents in second place ahead of Reform’s incumbent Lee Anderson   General Election 2024 Archives - Ashfield Neighbour News ASHFIELD.NEIGHBOUR.NEWS    
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Debtor who attacked bailiff with a pick axe handle is jailed


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A man who attacked a bailiff with a pick axe handle has been jailed

 

Martin Pritchard admitted assaulting Josef Minoli who had come to his house to collect unpaid magistrates court fines.

 

He had received a telephone call from his stepson to inform him that the bailiff was at the property looking to collect the debt. When Pritchard arrived back at his house in Wrexham, he became abusive telling Mr Minoli to ‘get the the f*** out”. He then hit the bailiff in the midriff with the pick up handle causing him to fall to the ground. The enforcement officer had been on his phone to the police during the attack.

 

When officers arrived, Pritchard had already fled the scene, but was picked up later.

 

Mold Crown Court heard that Pritchard had arrived back at his house with another person, assaulting the bailiff and then beginning to count down as he held the axe handle over his head.

 

The debtor had been before the court on a number of previous occasions.

 

Mr Pritchard's Barrister stated in court that her client had lost his temper because his step son was alone at the house.

 

The court fine was paid later that day and this, together with the fact that Mr Pritchard’s mother was unwell and that he helped look after her children, was taken into consideration by the Judge. He was jailed for 5 months.

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I think the courts could come up with another system, which would earn money for the courts and cut the enforcement industry out of the equation.

 

At some point in the future, most people are going to be registered with government Universal Credit system. Everything will eventually be on that system e.g tax credits, pensions. Once government has a shared database on everything to do with a persons life, then you could see automatic deduction of fines etc, if the person does not pay them within the required time.

 

Within 20 years the enforcement industry might well be on the scrap heap as a relic of the past. The only work left might be repossession activity and that could be done by court employed staff.

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Its wrexham. They do that kind of stuff there normally

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Once government has a shared database on everything to do with a persons life, then you could see automatic deduction of fines etc, if the person does not pay them within the required time.

 

The sharing of data has been a problem for local authorities and courts for a long time. Whilst data can be shared with DWP (which is beneficial if a person is in receipt of some form of state benefit) the same cannot be said with Inland Revenue. This has been a 'stumbling block' with attachment of earnings against employed debtors. There are imminent changes on this subject (to allow data sharing with Inland Revenue).

 

A very unpopular data sharing plan (and one that I have voiced my opinion against at recent meetings) is for Liability Orders to be registered with Registry Trust. In fact, trials have taken place with supposedly excellent recovery rates.

 

Sorry to go 'off topic' for a moment.

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BA

 

Yep, i have heard Government depts will start sharing info. During 2018, i believe Universal Credit will be rolled out across the whole country and Civil Service is going through a recruitment drive across different depts.

 

At some point EC's are going to start losing a lot of work, as they won't be required.

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My friend got attacked with a knife

Luckily didnt get stabbed

 

Bloke got a £90 fine

 

If only it was held at mold court

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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Why Mold Crown Court, do you think the Welsh judges are stricter on incoming Scallies from Lloegr?

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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  • 3 weeks later...
I think the courts could come up with another system, which would earn money for the courts and cut the enforcement industry out of the equation.

 

At some point in the future, most people are going to be registered with government Universal Credit system. Everything will eventually be on that system e.g tax credits, pensions. Once government has a shared database on everything to do with a persons life, then you could see automatic deduction of fines etc, if the person does not pay them within the required time.

 

Within 20 years the enforcement industry might well be on the scrap heap as a relic of the past. The only work left might be repossession activity and that could be done by court employed staff.

 

Northern Irelands system seems to be a lot less painful, and works.

[sIGPIC][/sIGPIC]

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