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    • The lawsuits allege the companies preyed upon "vulnerable" young men like the 18-year-old Uvalde gunman.View the full article
    • Hi, despite saying you would post it up we have not seen the WS or EVRis WS. Please can you post them up.
    • Hi, Sorry its taken me so long to get round to this, i've been pretty busy today. Anyway, just a couple of things based on your observations.   Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. I'd say theres a 1% chance they read it , but in any case it won't change what they write. They refer to the claim amount that you claimed in your claim form originally, which will likely be in the same as the defence. They use a simple standard copy and paste format for WX and I've never seen it include any amount other than on the claim form but this is immaterial because it makes no difference to whether evri be liable and if so to what value which is the matter in dispute. However, I have a thinking that EVRi staff are under lots of pressure, they seem to be working up to and beyond 7pm even on fridays, and this is quite unusual so they likely save time by just copying and pasting certain lines of their defence to form their WX.   Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. This is just one of their copy paste lines that they always use.   Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. They probably haven't read your WS but did you account for this in your claim form?   Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (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 This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri.   This is correct but you have gone into this claim as trying to claim as a third party. I would say that you need to pick which fight you wan't to make. Either you pick the fight that you contracted directly with EVRi therefore you can apply the CRA OR you pick the fight that you are claiming as a third party contract to a contract between packlink and EVRi. Personally, I would go with the argument that you contracted directly with evri because the terms and conditions are pretty clear that the contract is formed with EVRi and so if the judge accepts this you are just applying your CR under CRA 2015, of which there has only been 2 judges I have seen who have failed to accept the argument of the CRA.   Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.    This is fine, but again I would say that you should focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink, as this gives less opportunites for the judge to get things wrong, also I think this is a much better legal position because you can apply your CR to it, if you dealt with a third party claim you would likely need to rely on business contract rights.   As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. I wouldn't focus this as your argument. I did think about this earlier and I think the sole focus of your claim should be that you contracted with evri and any term within their T&Cs that limits their liability is a breach of CRA. If you try to argue that the payment to packlink is the sole reason for the contract coming in between EVRI and packlink then you are essentially going against yourself since on one hand you are (And should be) arguing that you contracted directly with EVRi, but on the other hand by arguing about funding the contract between packlink and evri you are then saying that the contract is between packlink and evri not you and evri.  I think you should focus your argument that the contract is between you and evri as the packlink T&C's say.   Clearly Evri have not read by WS as the above is all clearly explained in there.   I doubt they have too, but I think their witness statement more than anything is an attempt to sort of confuse things. They reference various parts of the T&Cs within their WS and I've left some more general points on their WS below although I do think  point 3b as you have mentioned is very important because it says "Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line." which I would argue means that you contract directly with the agency. For points 9 and 10 focus on term 3c of the contract  points 15-18 are the same as points 18-21 of the defence if you look at it (as i said above its just a copy paste exercise) point 21 term 3c again point 23 is interesting - it says they are responsible for organising it but doesnt say anything about a contract  More generally for 24-29 it seems they are essentially saying you agreed to packlinks terms which means you can't have a contract with EVRI. This isnt true, you have simply agreed to the terms that expressly say your contract is formed with the ttransport agency (EVRi). They also reference that packlinks obligations are £25 but again this doesn't limit evris obligations, there is nothing that says that the transport agency isnt liable for more, it just says that packlinks limitation is set. for what its worth point 31 has no applicability because the contract hasn't been produced.   but overall I think its most important to focus on terms 3b and 3c of the contract and apply your rights as a consumer and not as a third party and use the third party as a backup   
    • Ms Vennells gave testimony over three days, watched by those affected by the Post Office scandal.View the full article
    • Punters are likely not getting the full amount of alcohol they are paying for, a new study suggests.View the full article
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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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    • 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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US elections November 2024 [amended 18/04/24 - HB]


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Trump is looking less and less popular, over Covid and other things.

 

I'm not sure I'd be inspired to vote for someone who thinks the cognitive test he's talking about is too difficult for most people, especially Joe Biden. Is he confusing a congnitive test with an IQ one?

 

https://www.theguardian.com/us-news/2020/jul/23/person-woman-man-camera-tv-trump-insists-cognition-test-was-difficult

Illegitimi non carborundum

 

 

 

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truth is the test he refers too was done in 2018!!

not recently at all.

 

USA has more than a quarter (143k) of the worlds deaths from covid 19 ...but only 4% of the worlds population...go figure ....blokes a prat...

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

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So is Johnson

 

So whos pratting around voting for them

 

Bad as clinton was she was no Corbyn, so the yanks haven't even got that excuse.

 

 

 

 

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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I'm wondering how many voters will be turned off by the White House's handling of the George Floyd demos and the Covid crisis.

 

Part of the electorate will stay with Trump whatever, but at the moment he's trailing Biden in Texas which is bad news if it continues.

Illegitimi non carborundum

 

 

 

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All Trump had to do to get re elected was make some empathetic speeches and defer to his scientists.

 

He screwed it up. He’s done , it’s over. 

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Problem is, the American people are dying of Covid and he is out playing golf. It's like Marie Antoinette, let them eat cake!

 

People laugh and snark about Boris but ultimately he had empathy, ultimately he flattened the curve of the disease, ultimately he bailed the population out financially.  Trump did none of those things.

 

4 months ago there was no doubt in my mind that Trump would win, This will be studied by our great grandchildren in history books as to how rapidly things can turn.

 

And before anyone says the polls are wrong, they are at 4 times the margin of error!!! There are 3 months now until the election, Biden is not Hillary Clinton, no mud is sticking. In fact Biden doesn't have to do a thing, just give Trump enough rope and he'll hang himself.

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21 hours ago, London1971 said:

 

People laugh and snark about Boris but ultimately he had empathy, ultimately he flattened the curve of the disease,

 

 

ultimately he bailed the population out financially.  Trump did none of those things.

 

 

 

 

He flattened the curve of the disease at best half of what he should have

 

and Johnsons gov were avoiding 4 million plus hitting the universal credit system and the immediate collapse of swathes of UK businesses,

yes thats better than Trump, but given the situation and the differences in the UK, his gov would have almost certainly collapsed if he hadn't

 

 

 

 

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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22 hours ago, honeybee13 said:

 Covid press conferences but without the scientists so far. They weren't invited yesterday.

 

Because most are now flatly saying Johnsons policies are not medical advice or medical science rather than simply muttering 'political decision'

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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interesting that Johnson has said there will be rises for the Judiciary, police and doctors

 

Well, the Judiciary have mostly been at home

Getting to actually see a GP, or even getting past 'every symptom is covid - isolate don't come in' has been and is a ferking disgrace

 

 

My other half and daughter in law, both NHS who have both been working right through the pandemic - longer hours and more responsibilities than normal

apparently still aint getting a penny extra.

 

 

 

 

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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

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1 hour ago, tobyjugg2 said:

 

Because most are now flatly saying Johnsons policies are not medical advice or medical science rather than simply muttering 'political decision'

 

You mean Trump, right?

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Either/or

I was referring to Johnson

but Trump fits equally well there

... Just a matter of degree and what each thinks they can get away with in most areas

 

Like johnson would never get away with 4-9 million extra unemployed and tens of thousands of Tory voting small businesses down the pan

Trump doesn't care - cheap slave labour without using Mexicans

.. Johnson just wishes he could

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 23/07/2020 at 14:31, London1971 said:

 

People laugh and snark about Boris but ultimately he had empathy, ultimately he flattened the curve of the disease, ultimately he bailed the population out financially.  Trump did none of those things.

 

 

Yes and at least Johnson has admitted there were mistakes in not locking down sooner, something you couldn't imagine Corbyn doing.

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Surely you mean Johnson makes feeble excuses for the results of terrible personally driven policies and practices and claims it wasn't his fault

... just like Trump and Corbyn have and continue to do

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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I'm reading excuses - and feeble ones

 

"the prime minister has said he took the "right decisions at the right time", based on the advice of scientists."

 

 "We didn't understand [the virus] in the way that we would have liked in the first few weeks and months."

 

" "I think it's fair to say that there are things that we need to learn about how we handled it in the early stages

 

""Maybe there were things we could have done differently, and of course there will be time to understand what exactly we could have done

 

 

Do read what you link

 

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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So show a single clearly defined mistake admitted or apology

 

From refusing PPE and UK PPE being sent to China

Lying about PPE being ordered and coming in from Turkey

Demonstrating Handshakes when there should have been care

18 million people admitted/returned into the UK untested and unchecked

SPADS and ministers P*ing all over lockdown while fining ordinary folk

 

.. theres lots and lots of cretinous decisions for him to pick a clear apology from

.. and not a single one - just like Corbyn and Trump

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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Mr Johnson said: "Maybe there were things we could have done differently, and of course there will be time to understand what exactly we could have done, or done differently."

 

It's nice to see he takes full responsiblity for what the government has done. But I disagree with the time to understand comment, a second wave could be pretty soon.

 

Illegitimi non carborundum

 

 

 

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Yup, Johnson did a poor job, as did Macron, Spain, Italy, just nobody in this country follows any other country aside from the US and Australia.  The Belgian PM is taking, deservedly a lot of flack.

 

But, not one of them, Johnson included can be compared with Trump.  He is on the spectrum of normality, and believe me I don't like Boris one bit.  Trump is like Marie Antoinette, telling the people to eat cake.  The population is dropping like flies, but he is playing golf, tweeting about fake news, boasting about his achievements and some cognitive test a 5 year old could complete.

 

Lets not forget this is the man in control of the worlds largest nuclear aresnal, and has the ability to destroy every major city on earth. All in all it makes the likes of Boris, Macron etc, seem like small fry.

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14 minutes ago, honeybee13 said:

Mr Johnson said: "Maybe there were things we could have done differently, and of course there will be time to understand what exactly we could have done, or done differently."

 

It's nice to see he takes full responsiblity for what the government has done. But I disagree with the time to understand comment, a second wave could be pretty soon.

 

 

Maybe If he had left out that Maybe ....

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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changes a weak but arguably an actual apology into nothing but an excuse and avoidance at best in my eyes

 

A simple apology with a clearly defined focus is what is needed

 

 

and given how often he does munge and obscure a required apology, quite clearly says to me that no apology was or is intended. Quite the opposite.

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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Share on other sites

 

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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