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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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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. 
       

      Many thanks 
      • 81 replies
    • 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, tobyjugg2 said:

I will still be having my flu jab at my surgery, but pfiser booster wherever i can get it

I've just seen an article which gave out details of walk-in, pop up centres and buses in one area and it gave out details of which vaccines they were using.  Most were AZ and Pfiser but a few were Pfiser only which would be the obvious choice.  Seems your best bet of getting the vaccine you want is to live in an urban area with low take up.

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5 hours ago, honeybee13 said:

I understood pharmacies can't give Pfizer jabs because of the low temperature storage they need. So will it be restricted to AZ and other vaccines that don't need super-freezers?

This one confuses me HB.  From what I'm seeing the mobile/walk-in facilities are giving out Pfiser jabs.  If it's easy enough to kit out a bus with the necessary fridge it can't be too difficult to install them elsewhere.  I think it's more the case that they need to hype up/use up the AZ wherever possible.

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8 minutes ago, hightail said:

I've just seen an article which gave out details of walk-in, pop up centres and buses in one area and it gave out details of which vaccines they were using.  Most were AZ and Pfiser but a few were Pfiser only which would be the obvious choice.  Seems your best bet of getting the vaccine you want is to live in an urban area with low take up.

 

these will be vaccinations (mainly intended for younger people) not boosters wont they HT?

 

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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So far yes because boosters (3rd dose) aren't being given out yet.  The article I read was for somewhere like Bolton I think and listed locations, times/dates, whether they were doing first or second jabs (or both) and which vaccines they were using.  It didn't say the Pfiser only centres were reserved for the under 40s.

 

Guessing once 3rd doses are involved there may be restrictions on where you can go so they can force the AZ again.  Guessing again, I'd say it would be worth holding back for a greater chance of the Pfiser.

Edited by hightail
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3 minutes ago, tobyjugg2 said:

 

these will be vaccinations (mainly intended for younger people) not boosters wont they HT?

 

 

So Pfizer isn't suitable for that age group. If the centres don't have super-freezers for the doses, I think once they're thawed, they have to be used within about five days and expire after that.

Illegitimi non carborundum

 

 

 

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15 hours ago, hightail said:

This one confuses me HB.  From what I'm seeing the mobile/walk-in facilities are giving out Pfiser jabs.  If it's easy enough to kit out a bus with the necessary fridge it can't be too difficult to install them elsewhere.  I think it's more the case that they need to hype up/use up the AZ wherever possible.

 

perhaps the difference between kitting out local surgeries with small refrigerating units to store and dispense vaccines for the next decade, and giving the amount that would have kitted out a surgery in every town - to the private sector for a couple of buses with fridges?

 

Far less scope for 'pals profit' when kit needs to be supplied to surgeries, rather than small capital outlay and lots of ongoing costs

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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The whole thing is going to get very messy once boosters come in.  They've said 'fully vaccinated' will mean the most doses you could have had according to the current protocol at the time.  This will mean two doses for some and three for others.  From the end of September this means a nightclub doorman will be expected to question everyone as to whether they are a candidate for a booster before deciding eligibility to enter. 

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Which is why Vaccine Passports are unworkable in reality, there will always be people behind in jabs, or medically unable to have them for whatever reason.

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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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Imagine the poor 19 year old agency worker who got sent to a temporary job in a care home at the beginning of this year so got jabbed early.  They no longer have that job so probably won't get a booster.  Who decides if they can attend a football match or a gig?

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Schools unions are saying that ventilation in schools should be improved before the new term starts.

 

This is blindingly obvious and HMG have had well over a year to organise it but don't seem to have done anything.

 

WWW.THEGUARDIAN.COM

Seven unions call on education secretary to improve ventilation to protect children ahead of new term

 

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Illegitimi non carborundum

 

 

 

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This is a depressing read about vaccine hoarding. It isn't how I thought Covax worked, certainly.

 

APNEWS.COM

LONDON (AP) — An international system to share coronavirus vaccines was supposed to guarantee that low and middle-income countries could get...

 

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Illegitimi non carborundum

 

 

 

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On 17/08/2021 at 14:59, brassnecked said:

Which is why Vaccine Passports are unworkable in reality, there will always be people behind in jabs, or medically unable to have them for whatever reason.

 

and the jabs behind the virus

Masks work similarly through the variants though .....

 

But even limited effectiveness vaccination is important as we will soon see

 

 

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Figures have been released of covid cases from major sporting events this summer. Euro 2020 is in the lead by some margin...

 

WWW.THEGUARDIAN.COM

Study paper says England’s progress to final ‘generated a significant risk to public health across the UK’

 

Illegitimi non carborundum

 

 

 

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Finally - work on ventilating schools and measuring air quality.

 

They've had about 18 months to think about this and it takes a campaign to make them do anything. It's to be hoped they get on with it now.

 

WWW.THEGUARDIAN.COM

Department for Education decision comes after campaign by school staff and unions for better ventilation

 

Illegitimi non carborundum

 

 

 

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 Ventilation in work places is a hot topic at the moment.

 

There is a complicated calculation to be made, depending on the ventilation in place, to work out how many people can safely be in an office at the same time.

 

If an office has visitors coming in and the the safe limit will be breached, companies are faced with having to send staff to work from home, if there is no alternative to the visitors attending the office.

 

 

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Simple ventilation systems are breeding grounds ...

Ever seen in one?

 

I remember assessing the state of some for an office move

- 3 ply full enclosure protective suit like used in sewers before I'd touch the inside of the ducting after seeing the state of it, let alone breath stuff thats been through it

I'm not that fussy - but it was disgusting.

 

Needs a really good extraction process after being cleaned - if the air had circulated - it would have been liability

 

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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I know it's complicated but surely HMG have to try?

 

This is Christina Pagel of Indie Sage.

 

BLOGS.BMJ.COM

England is an anomaly in not undertaking any of the three strategies to prevent transmission in schools, says Christina Pagel The highly...

 

Illegitimi non carborundum

 

 

 

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5 hours ago, unclebulgaria67 said:

if an office has visitors coming in and the the safe limit will be breached, companies are faced with having to send staff to work from home, if there is no alternative to the visitors attending the office.

So is this calculated per room or for the whole building or per business if a company doesn't occupy the whole building?  Serious question. Does it rely on floor space so if a business has meeting rooms which are not normally occupied as office space can visitors not be temporarily accommodated in them for meetings?  Even if a visitor does cause a breach does that really mean employees have to work from home?  Very few visitors to a business are there for a whole day, surely an early lunch break for a couple of office staff would cover in most cases.

 

 

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I have not fully studied this subject, so knowledge fairly basic.

 

 As far as I understand it, it would be building capacity.   But if there is more than one company in a Building they will each have  a capacity limit based on square meters and there will be a capacity for communal areas.

 

It is the ability of the ventilation system to be able to efficiently extract and replace with  fresh air.

 

Most businesses occupying larger offices have a facilities management company looking after such issues, but the business managers responsible for H&S should ask the questions.  There are ready made calculators available.

 

 

 

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Too many people are thinking this is a temporary problem that will go away if they do nothing long enough - It isnt.

 

These sort of mitigations need to be implemented to address this AND future outbreaks.

Enough of the shitty working spaces that used to be called sick buildings that damaged health 

- that are now an extreme liability to the nations health.

 

 

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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Still only 'on hold' until they try to sneak grab your medical data to sell again

 

WWW.THEGUARDIAN.COM

A plan to share GP data was set to launch in September, but an online summer campaign has prompted widespread dissent

 

 

Booth said NHS Digital has “made a bunch of public promises and we very much want to see how those promises are delivered. We’ve always said there are fairly legitimate, ethical, research and planning uses that can be made of this data – it just has to be done right.

“The question is, what’s going on behind closed doors right now in terms of people lobbying against those [concessions] or for particular exceptions to them.”

 

and we all know what the populists word is worth to the public

- nowt

Edited by tobyjugg2
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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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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WWW.INDEPENDENT.CO.UK

Up to 8,000 tests to be made available each day, Department of Health says

 

Heres another which will need close examination on what they claim they can and what they clearly say they wont do with it

Should have been implemented with CLEAR data protection statements a year ago - so why now?

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

 

 “Do I want to spend every Friday for the next five years in Clacton?”

Farage, Feb 2024 talking smack about the Peninsula town

.. before he decided he wanted their votes

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4 minutes ago, tobyjugg2 said:

so why now?

Maybe because proof of being antibody +ve is an alternative to vaccination status for entry into venues etc.  And with my cynical head on,  they can then claim it isn't so important that they've failed to persuade so many into vaccination.  I have noticed a subtle shift from vaccinations to being antibody +ve as the important figure in the media.

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