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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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    • 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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It seems to be anybody's call at the moment. Trump is addressing the nation at some point and has talked about claiming victory early in the counting process.

 

Overnight he tweeted that the Democrats were trying to steal the vote butTwitter put a warning comment onto the tweet

 

There's live coverage on the Beeb.

Illegitimi non carborundum

 

 

 

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Trump says Democrats have tried to disenfranchise his supporters, it's not clear how.

 

He's claimed victory in Georgia and Pennsylvania where they still have large numbers of votes to count.

 

One observer tweeted 'So Trump wants all the ballots to be tallied in Arizona (where he's trailing) but not in Pennsylvania (where he's leading). Completely shameless.'

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Illegitimi non carborundum

 

 

 

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32 minutes ago, honeybee13 said:

. Completely shameless.

 

He's only just realised this???

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From the Guardian live feed. I know that the media have discussed this scenario and the Guardian has added a proviso:

!

No winner has been declared yet

Millions of votes are still to be counted, including in key battleground states

 

 

Illegitimi non carborundum

 

 

 

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Well, lets face it

even his name is synonymous with 'malodorous hot air comprising of faeces and gases that damage the climate and well-being of the world, with sounds that should never be heard in civilised company

 

- yet the uncouth believe should be presented loudly and proudly to all in range

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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Well with Trump declaring victory while losing and trying to stop the counting

 

I'm calling for Biden

 

May seem early, and theres always shocks, but its a simple Trump imposed fact that the early votes are being counted last (republican imposed situation) and the early votes were reported as VASTLY in Bidens favour - and Biden is leading with the majority of on the day votes counted and mostly early votes left to count

 

So Bidens lead should stretch out all the way in now (with a couple of red hiccups)

Its why Trumps squeeling about stopping the counting - he knows hes lost.

 

 

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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He seems to want votes stopped where he thinks he's losing, but counting to continue where he thinks he can win. Crazy.

 

Changing the subject, has anyone else had problems understanding the electoral college system? I've finally understood it from a Washington Post explainer, it's taken a while. I don't know if this link will work, but just in case.

 

https://www.washingtonpost.com/elections/2020/08/24/how-electoral-college-works/?arc404=true

Illegitimi non carborundum

 

 

 

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Trump is done, he’s going to lose Pennsylvania and Georgia. He’s desperate, Biden will be the winner by tomorrow at the latest.

 

Trump can whine all he wants but it’s curtains for him.

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I just do a bit of twitter scrolling. Having lived in Canada a while I used to take a big interest in US politics. I find this site very informative since 2007

 

www.dailykos.com

 

follow Nate Silver, Dave wasserman, Nate Cohn, Harry Enten on Twitter
 

www.fivethirtyeight.com also.

 

Basically he’s bang on to overtake Trump in Pensylvania and win by a large margin. Georgia a very narrow margin.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Vote counts are going up more than 3- 1 in Bidens favour in most areas now

 

Why do you say that about Az HB?

Biden in lead and lead growing past catching point as far as I can see, although apparently all sorts of chicanery going on from Trump supporters

cocconino and apache counties clinching it for Biden is what I saw

 

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've checked again and its still showing as Biden confirmed win

He just needs Nevada where he is leading to win overall - Michigan and Navada is what I based my prediction earlier on

 

Good chance Pennsylvania count result tonight and Biden is catching up fast with late counted early votes.

he was 700,000 behind there yesterday - only 200,000 behind at last figures I saw - reeling him in at 3+ - 1 - with over a million vote counts to go

 

 

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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https://www.independent.co.uk/news/world/americas/us-election-2020/arizona-election-results-mark-kelly-ousts-marthamcsally-b1582164.html

 

Arizona election results: Mark Kelly ousts incumbent Republican senator Martha McSally

 

https://www.politico.com/2020-election/results/arizona/

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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Looked in more detail at US and they still say too early

Strange

 

https://www.nbcnews.com/politics/2020-elections/arizona-results

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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Biden has taken the lead in Georgia, where they've been counting all night.

 

There was a good summary in the Guardian earlier:

 

Joe Biden
Biden needs to win TWO of Arizona, North Carolina, Nevada and Georgia or win Pennsylvania.

 

Donald Trump
Trump needs to win THREE of Arizona, North Carolina, Nevada and Georgia AND win Pennsylvania.

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Illegitimi non carborundum

 

 

 

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So ridiculous. Donald must work on his Anger Management problem, then go to a good old fashioned movie with a friend! Chill Donald, Chill!

— Greta Thunberg (@GretaThunberg) November 5, 2020
https://t.co/4RNVBqRYBA
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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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At some point I could see action being taken against Trump, if he does not moderate his behaviour.  

 

There are senior Republicans who would join in actions to remove Trump from office earlier than would be the case.

 

 

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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news services already have

https://www.theguardian.com/us-news/2020/nov/05/tv-news-cut-away-trump-election-lies

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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Biden is doing well in Pennsylvania. From the Guardian Live feed at 11.42.

 

First of all, on the count, he says there are about 160,000 uncounted mail ballots in the entire state of Pennsylvania. On average Biden is winning about 75% of that mail vote. Donald Trump leads by 18,000. So, if Biden is on course to get 120,000 of those remaining votes, which would see him win the state.

 

20 Electoral College votes come with winning Pennsylvania.

Illegitimi non carborundum

 

 

 

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yep

and less relevant in the great scheme of things as it is and its quite common for those with less overall votes to win,

on overall votes counted, Biden is nearly 4 million ahead now from just over a million ahead when I called it

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

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