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    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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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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Mutating Corona Virus


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3 hours ago, cjcregg said:

 

Do what the Government suggests. It's the only option.

 

I total agree with you.

 

Unfortunately, the few are going to ruin it for the masses .

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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8 hours ago, cjcregg said:

 

Which is why the restrictions must be enforceable.

 

Problem is how based on the figures from national statistical office I posted at #221

 

 

Government are really going to struggle to enforce !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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3 hours ago, 45002 said:

 

Problem is how based on the figures from national statistical office I posted at #221

 

 

 

Somehow I doubt that the entire population of 66 million people will need cracking down on, just a tiny proportion.

 

Enforceability is a deterrent. It won't deter some people but clearly it will have a significant effect.

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Interesting and scary times

 

Is johnson doing a good job?

Dunno really depends on whether the focus is saving lives or reducing cost, and a lot of that money the new chancellor has put up would have been needed anyway - but didn't he come across as professional and statemanlike when compared with the bumbling waffler next to him.

 

We'd already commented on Johnson 'approach' here but its repeated:

https://www.theguardian.com/commentisfree/2020/mar/18/coronavirus-uk-expert-advice-wrong?utm_term=RWRpdG9yaWFsX1RoaXNJc0V1cm9wZS0yMDAzMjU%3D&utm_source=esp&utm_medium=Email&CMP=thisiseurope_email&utm_campaign=ThisIsEurope

 

"The scientists advising ministers seemed to believe that this new virus could be treated much like influenza. Graham Medley, one of the government’s expert scientific advisers, was disarmingly explicit. In an interview on Newsnight last week, he explained the UK’s approach: to allow a controlled epidemic of large numbers of people, which would generate “herd immunity”. Our scientists recommended “a situation where the majority of the population are immune to the infection. And the only way of developing that, in the absence of a vaccine, is for the majority of the population to become infected.”

 

Medley suggested that, “ideally”, we might need “a nice big epidemic” among the less vulnerable. “What we are going to have to try and do,” he said, was to “manage this acquisition of herd immunity and minimise the exposure of people who are vulnerable.” Sir Patrick Vallance, the government’s chief scientific adviser, suggested that the target was to infect 60% of the UK’s population.

 

After weeks of inaction, the government announced a sudden U-turn on Monday"

 

Survival of the fittest ...

 

 

 

On another note, having two frontline NHS staff in the immediate family, we went to the Tesco early opening ...

Good intentions - ferkin appalling implementation - we wont be going to another

 

I'm sure everyone has seen images of the queues outside, but the queues inside with rows of NHS staff waiting 30-40 minutes to check out in a mass gathering was dreadful, dangerous and mainly pointless

 

Why 40 minutes waiting - because the shelves were largely empty, and  Tesco hadn't arranged early checkouts to go with the early start.

 

We left and went to aldi to get some essentials - like a container of milk as there was none at Tesco for which in excess of 800 NHS staff spent an hour or more bottled up together

 

 

In my eyes Aldi and Lidl have shone through as the saviours in this crisis, with Tesco and Morrisons being utterly crap.

 

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

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Tonight at work is the first time management have mentioned any measures to avoid the virus.

Our union rep was in and all hell let loose, no gloves, masks, hand sanitiser or cleaning wipes.

They say everything is on order and we should have it shortly, they told us all to keep at least 2 meter's apart at all times which is almost impossible in a very busy mail depot.

They finished the meeting by telling us we must wipe down all surfaces we touch in the van, steering wheel, gear stick handles ect

to do this we would have to supply our own wipes.......shocking !!!

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On a very worrying note,

Given that farmers had already been stressing the problems with the Tories 'get lost you EU ****' policy with migrant workers leaving - leaving crops unpicked in the field

 

When are we expecting Pretty awful Patel to demand people flock to the fields for their benefits?

and suggest that they should grow their own food in a window box in their flat if they haven't got a large garden or estate or two?

 

 

We are also seeing countries across the world lock down borders and that IS affecting the flow of food and medicines around the world.

 

I have no idea how that is being addressed.

Anyone?

 

 

On a further worrying note.

Most of our blood plasma comes from Mexican donors (often dangerously often) who cross the border into the US to donate as it pays them more than their wage.

 

Now despite my blood being highly desirable type wise, and prior to a policy change - me being a gold card blood donor in the UK,

for many years now, the NHS would neither accept my blood nor test me

.. as I had needed a blood transfusion after an accident somewhere around the cut-off date.

 

Strange that given the apparent source of the majority of plasma we do use detailed above ...

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

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On a more positive note, pollution is rapidly declining and nature would seem to be thriving already during the lock down of the planets main virus - Us.

 

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

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Quote

When are we expecting Pretty awful Patel to demand people flock to the fields for their benefits?

and suggest that they should grow their own food in a window box in their flat if they haven't got a large garden or estate or two?

 

:painkiller: Notice how she has been hidden away since the outbreak....hoping we forget about the bullying and unlawful sackings during Corona.

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3 hours ago, tobyjugg2 said:

On a more positive note, pollution is rapidly declining and nature would seem to be thriving already during the lock down of the planets main virus - Us.

 

 

Yup , to stay positive. The air is so clear now, it's amazing. also the quiet. No more planes overhead, I'm on the take off path to Bristol and the Landing path for Heathrow. It's so peaceful now.

We could do with some help from you.

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It must be very strange for those who live in flight paths to be able to speak to a neighbour, even from 2 metres away and be heard !.  

 

I have just read that the Derbyshire Police are using Drones over the Peak District to ensure people are doing as they are advised.. sadly there are still many who are ignoring the rules to stay inside... 

 

https://www.commercialdroneprofessional.com/derbyshire-police-tweet-drone-footage-to-shame-locals-into-staying-home/

 

Sadly they have been criticised for doing this.. 

https://www.bbc.co.uk/news/uk-england-derbyshire-52055201

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23 minutes ago, honeybee13 said:

Now Matt Hancock and the Chief Medical Officer are self-isolating for a week. Someone pointed out that the recommended time is 14 days...

 

and presumably whoevers been sitting between them on the benches recently

... still, look on the bright side ...

 

I'm sure no cost will go unspent to ensure their wellbeing.

 

 

Johnson mutters

 

Thank God our plans to destroy the NHS have been taking longer than expected eh?

 

2058781606_ThankGodourplansoverthelastdecadetogetridoftheNHSfailed.jpg.3f2cf47b225b1ea09135b3f7f303e84b.jpg

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

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Its not an idea it's probably the only way it will eventually become non transmissible amongst all humans

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

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Herd immuntity can apparently work. It is how this is done in a controlled way. You don't want too many people to be seriously ill or die at the same time.

 

And Corona virus is apparently not one virus, but one that has slightly different variations. So some scientists think that it is possible that people could fall ill with several strains of the virus.

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7 hours ago, dx100uk said:

Its not an idea it's probably the only way it will eventually become non transmissible amongst all humans

 

 

 

It's an idea and a lousy one. 

 

The jury's still out on whether contracting coronavirus results in immunity to catching it again or whether it mutates and renders an initial immunity obsolete.

 

Moreover the concept of allowing it to spread as, err, a solution to it spreading is self evidently ridiculous.

 

 

 

 

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