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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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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Successful Interview (Credit Check ?)


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Hi

 

Went for my interview today for the installation engineer role passed everything did my medical and passed all that and been told their recruitment recruitment will be in touch soon to do CRB checks and a credit file check.

 

Only thing im worried about is the credit check few years ago after i lost my job i went through a stupid patch with silly loans and an over draft, i paid the loans off, still currently paying the overdraft which is not far off setteled since then things are getting better was recently accepted on a credit card to boost my credit history which ive been using and paying off on the payment due date.

 

I am still worried about this credit check though as my credit history still shows very low on noddle or clear score.

 

I have never had a CCJ or been bankrupt i have set payment plans with the lenders and are paying them all off in full.

 

Why do employers want to do a credit check this role isnt dealing with cash or anything so dont see why its needed.

 

Thanks

 

as for my CRB this will come back clear as ive never been in trouble

 

i was going to ask today but didnt feel it was the best idea

Edited by honeybee13
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Hi,

 

I think it's quite common now for companies to do pre employment credit checks, they will be checking things like you are who you say you are, whether or not you have any CCJ's or have been declared Bankrupt or are under serious pressure regarding any large debts ect which may affect your performance at work.

Any advice I give is honest and in good faith.:)

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Hi

 

Have a wee look at this Government link: https://www.gov.uk/employers-checks-job-applicants

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so does the role involve direct unsupervised contact with children or vulnerable epopel? If not no DBC check needed but lke with many of these things they do a belt and braces approach for all jobs. The credit check wont really apply if you arent handling money or in a job where it is covered by the FCA rules but as poinmte dout this is a simple way of finding out if you are who you say you are. The data given will be very basic, address, electoral roll DOB etc

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Hi

 

Yes it's working in people's homes carrying out tv installations so crb will be required which will be clear and clean

 

So the credit check is some sort of identity check which gives very basic information right????

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So the credit check is some sort of identity check which gives very basic information right????

 

This what Experian say.....

 

When you request a pre employment credit check, our system will quickly scour numerous public and private databases for any adverse financial warning signs. We check County Court Judgements (CCJs), bankruptcies, voluntary arrangements, decrees and administration orders. The Experian Adverse Financial Check also consults the candidate’s electoral roll registration to confirm their current address.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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https://www.reedglobal.com/blog/2018/01/five-things-you-need-to-know-about-pre-employment-credit-checks

 

Pre employment credit checks are common, almost universal in some industries (eg financial services) and with any job involving access to money or valuables. Your employer probably thinks that having unsupervised access to vulnerable adults needs risk assessment because installation engineers would have enhanced opportunities to defraud, or even steal, from vulnerable elderly people. Their thinking typically is on the lines that someone who is deeply in debt and isn't earning enough to pay their debts is a higher risk of defrauding/stealing from their customers. It's bankruptcy and deep debt that they are concerned about, they won't be interested in whether you've missed a payment here and there.

 

I always feel that's rather a dismal view of human nature, but that's how HR people (and regulators) look at it.

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https://www.reedglobal.com/blog/2018/01/five-things-you-need-to-know-about-pre-employment-credit-checks

 

Pre employment credit checks are common, almost universal in some industries (eg financial services) and with any job involving access to money or valuables. Your employer probably thinks that having unsupervised access to vulnerable adults needs risk assessment because installation engineers would have enhanced opportunities to defraud, or even steal, from vulnerable elderly people. Their thinking typically is on the lines that someone who is deeply in debt and isn't earning enough to pay their debts is a higher risk of defrauding/stealing from their customers. It's bankruptcy and deep debt that they are concerned about, they won't be interested in whether you've missed a payment here and there.

 

I always feel that's rather a dismal view of human nature, but that's how HR people (and regulators) look at it.

 

Thanks for the info im not in any deep debt I had a look at my application today and it states do you have any ccjs over 750 pound where you cannot provide a payment plan for obviously I stated no

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