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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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@EVRI 2 Laptop Parcels lost - Court Claim Issued


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I'm sure that's okay to send by email – but you should require a read receipt as well you can do somewhere in the software

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Thanks, I will make sure that the read receipt is available before sending them the documents.

Also just for my sake, if evri should argue that the item were laptops and are on the prohibited item list would this affect my claim or arguments in court?

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Not if they were properly declared .

However the fact that you are asking this question shows that you haven't really read around this sub forum very well

 

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Yes both parcels were declared correctly.

Its just I re read my letter before claim and I stated "As on two separate occasions my goods were never delivered and never returned to myself. Thus, the fact that the items were laptops has no bearing on the fact that it has been lost or stolen and therefore the prohibited items list is unfair and therefore unenforceable."

Just wanted to know if this would hold up as an argument. Sorry just trying to make sure I am covering all bases if I need to refer to anything else I said. 

 

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Yes, that is exactly the correct principle except if they haven't referred to the prohibited items list yet then I don't think you need to mention it at all.

No point in giving them ideas but at least you are ready for it if they then mention it

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Thank you for clearing that up, I will keep it in mind but try to focus on the main argument at hand.

I will send the documents to the court and defendant next week and keep you updated on anything else.

Take care

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  • 2 weeks later...

Hello,

EVRi has replied with their court bundle - however, Ive only just got some time to read it and ive noticed a few things. 

They said that I contracted both parcels through Parcel2Go but it was only one of the parcels. And they are highlighting the fact that I did ( send a Letter before Claim to Parcel2Go but I do remmebe doing this after I sent a letter to EVRI. The only reason i did this was becasue I wasnt getting any response from Parcel2Go and out of frustration I did so. Does this affect my argument case - since the parcel from Parcel2Go is technically not in dispute I should hope not.

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

 

 

LTR to Crt- Requesting hearing on Paper - REDACTED.pdf EVRi Signed Bundle REDACTED.pdf

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Do you have some evidence that it was they who failed to attend the mediation?

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I have sent an email to the mediation team who dealt with my case. 

As I cannot see any document from the court that specifically state this. As well my call history only has 2 calls from a private number on the date and time of my mediation appointment and they both lasted 2 mins. 

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10 hours ago, hasfar said:

Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

 

I'm a bit puzzled. I gathered from this question that you did have evidence that they didn't turn up

And what do you mean that each call only lasted two minutes. Two minutes ringing is a very long time. Did you take the calls?

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Sorry for the confusion I thought there was some letter that stated they didn't turn up but I was mistaken.

Yes I took the calls - the length of both the calls took 2 minutes altogether. But I don't have any caller ID or transcript to go along with those calls. Apologies for any confusion again. 

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Thanks for the reply – but this leaves more confusion.

You took two calls – but you don't tell us what happened. Was anything said? What happened – because really we are not able to guess on the information that you have given

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Yes, so going off my memory.

I took the first call the mediator confirmed my identity and explained that he will attempt to get in touch with the defendant. And then contact me back to begin mediation.

The second call came after 15 mins. The mediator confirmed that he attempted to get in contact with defendant 3 times and was unable to.  Then said I should now await correspondence by email/letter about further details about my case. 

Few weeks later my case was transferred to court. 

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Thank you for this. I hope you agree that nobody could possibly have guessed any of this episode and it really is a bit difficult having to tease the information out of you.

I suggest that you write this up into a letter – send it to the court – and send a copy to EVRi. Make sure you put the case reference number at the top.
You should also try to send a copy to the mediator

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Quote

Also I just recieved an email today that Judy filed for CPR 27.9. And in her document she sent to the courts - it seems she stated that I, the claimant,  did not turn up to mediation but that was not the case.

Just want to know what should be my next steps or should I just wait for the court date on the 12th July. Do you think it may be worth me bringing evidence that the Defendant didnt turn up to mediation?

CPR 27.9 is only applicable to a courts final hearing not mediation they are playing with your head or do not have an understanding of the CPR

Ignore but make reference to their none attendance in your witness statement if not already.

 

Andy

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Thank you both for your reply. 

I'll prepare the letter this evening.

Should I also include that only one parcel was from parcel2go. And the other I bought through Amazon seller central. Which is contradictory to their witness statement that cites both parcels were purchased through Parcel2go. 

Thanks 

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Yes you should mention it – but simply give it a mention. Don't make a big issue of it and make it clear that it doesn't change the principle of your claim

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Quote

Regarding the Defendant’s statement that I, the Claimant, refused to mediate with the
Defendant, I find this untrue and request the Defendant to provide evidence of it. The defendant is mistaken.
The mediator contacted me as arranged on 14 April 2023 who contacted me and then attempted to contact
the Defendant. The mediator stated that on three occasions, he was unable to reach the
Defendant using the contact information provided by them.

This resulted in the case being transferred to court.

The defendant does not have the correct version of the facts at hand and I put them to proof that they attempted to attend the mediation.
The defendant has a track record for failing to attend mediation sessions with the consequent inconvenience to the claimant and to the court

that's all you need

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Thanks @BankFodder, when i send the letter - would it be appropriate to send to the court and cc in EVri and the mediation team? So the letter will be attached to this email body:

Quote
I write this in relation to the Defendant's letter to request hearing on paper. 
 
I have attached a letter to this email regarding claims made by the Defendant about mediation.
 
The Small Claims Mediation Team have been copied into this email.
The Defendant has been copied in by way of service.

 

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  • 3 weeks later...

Hello,  Sorry for the late update. I went to court and judge ruled in my favour and I have claimed against EVRi successfully for the full amount (minus any compensation already paid to me). Thank you guys for your help.

The Judge has given them 21 days to make payment. As soon as I recieve payment I will be sure to donate to this forum for all your help. 

Thank you again.

 

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That is great news .

Thank you for letting us know .

Did EVRi actually turn up at the court ?

I'd be grateful if you could email me confidentially to our admin email address giving me the name of the case, the name of the court, the number of the claim and the name of the charge if you have it .

I would like to get a copy of the judgement. It will be our expense and as soon as we get it I will make sure that you get a copy for yourself as well.

This will help a great many people to recover their money in the future

 

 

 

 

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Also the date of the hearing please

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Hi,

EVRi did not turn up to court.

I am still awaiting letter from the court regarding this. I am going to get in contact with them next week.

I will email you with further information.

Thanks

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Thank you very much for this.

Did the judge ask any questions? What did the judge say in his/her summing up?

Can you give us a little bit of an idea how it went please. This will be very valuable for other people who visit this thread

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