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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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      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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    • 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.

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      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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Evri - lost +£460 parcel - refused compensation even though I paid insurance.***Settled in full at mediation***


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Do you want to give evidence?

Do you want to give evidence?

This could be providing written evidence or speaking at a hearing at the court.

Do you want to give evidence?
Yes
No
 

lol yes I am guessing to this

Check your answers

Your response

Do you agree the defendant has paid £491.81?
Yes
Changedo you agree the defendant has paid £491.81?
Do you want to settle the claim for the £491.81?
No
Changedo you want to settle the claim for the £491.81?
Reason for rejecting their response
I have rejected their response because although they have paid the substantive part of the claim, they have not paid my interest and court costs in other words they have not satisfied the entirety of the claim. This part payment was made unilaterally.
There was no consultation with me and it is not made in full and final settlement of the claim and is certainly not been accepted as such.
The defendants declined to pay me anything and despite my attempts to reason with them my compliance with the pre-action protocol by sending a letter of claim, they still refused. It is only that I was eventually obliged to issue a claim that they finally responded with a payment which does not cover the total amount claimed including interest and costs.
I have informed the defendant that their payment is not satisfactory and that I require costs. So far I have received no response. Therefore I'm applying for judgement. If I cannot apply the judgement then I wish to modify the amount that I'm claiming to reflect the unilateral partial payment that they have made to me. The defendant has paid the substantive part of the claim. But they did this only after a formal letter of complaint and a reaction protocol letter of claim and eventually I was forced to issue the claim. It is only after then that they made a unilateral payment accompanied by a message which effectively accepts liability. However they have withhold the court costs and interest even though it is clear that they would not have reimburse me at all had I not started the claim
. The defendant is litigating in an abusive fashion and is not litigating reasonably and hopes that by making a unilateral payment that they will avoid paying costs and avoid a judgement against them. I have agreed to enter into a mediation process so I am doing my best to bring this matter to an end without wasting court time. I think that this matter can be dealt with simply on the papers as the issues are clear and the defendants unilateral payment after the issue of proceedings is also clear.
Changereason for rejecting their response

Free telephone mediation

Will you try free mediation?
Yes
Changewill you try free mediation?
Contact number
***
Changecontact number

Your hearing requirements

Do you consider that this claim is suitable for determination without a hearing?
Yes
Changedo you consider that this claim is suitable for determination without a hearing?
Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in anyway which the Court needs to consider?
No
Changedo you believe you, or a witness who will give evidence on your behalf, are vulnerable in anyway which the court needs to consider?
Support required for a hearing
None
Changesupport required for a hearing
Preferred hearing centre
Carlisle Combined Court
Changepreferred hearing centre
Do you want to give evidence?
Yes
Changedo you want to give evidence?
Other witnesses
No
Changeother witnesses
Dates unavailable
None
Changedates unavailable

Confirmation

The hearing requirement details on this page are true to the best of my knowledge.
The hearing requirement details on this page are true to the best of my knowledge.
 
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Yes that looks fine. Your evidence really should comprise simply a witness statement. I am pretty certain it won't get there. This should be settled at mediation.
As the person who is dealing with this from EVRi called George Wood?

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Okay thanks BankFodder I am going to go ahead and submit this is you are happy with it?

Yes it is a     who has put his name to the response to the courts, is there something relevant to this?

Evri response to the same questions from the court

About the hearing

Do you consider that this claim is suitable for determination without a hearing - No 

If not, please state why not  - This case involves a contractual dispute.

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No it's just interesting to see the names of the people that are prepared to act as EVRi mouthpieces.
He used to have a LinkedIn profile – but seems to have deleted that since his name first came to prominence on this forum.
He's obviously not particularly proud of what he does.

Send him a message saying that you are continuing with the claim that you will withdraw it if he pays the rest of the bill. Otherwise even though you're going to mediation you will stand your ground and you won't accept a penny less than your entitlement. And if he wants to play stupid and waste of public resources, you will go to trial.
 

Quote

Dear

Reference number XXX

I received your unilateral and unconditional payment of £491 XXX.

As you know, this is not completely satisfied my claim because there is the issue of interest and costs still outstanding.

I have just filed a form with the court informing them that the claim continues. Although I have consented to mediation you should understand that I'm more than happy to go to trial.

If you really want to squander public resources and your own company's money on saving these small amounts of money when it's clear that you are bang to rights and you have already put your hands up on the substantive claim – then go ahead.

The best thing you can do is simply pay the rest and then you can get on and bully someone else – but not me.

You've got my bank details.

Over to you

Regards

Signed

this may not be to your taste – but if I were you I would send it as is.

 

On 16/10/2023 at 19:46, babs71 said:

Evri response to the same questions from the court

About the hearing

Do you consider that this claim is suitable for determination without a hearing - No 

If not, please state why not  - This case involves a contractual dispute.

This is the kind of banal response you get from the people who work for EVRi. Once again, it shows that you are trying to save public money and it shows that EVRi doesn't give a damn

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fr but looking at their questionair response they're doing their usual we're not available. Then either between now and mediation or mediation and trial they email and do their "to save costs" email where they agree a settlement with you

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

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When I clicked a link which had been posted up on one of the threads here it seemed that the account had been deleted.

However it seems that it is now available.

So it seems he got first class honours in his law degree but then decided to go and work for EVRi – very strange

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Take what?

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No I don't think so. If you don't feel comfortable then don't send it but I think it simply states the truth in rather blunt terms.

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Many Thanks BankFodder,

I want to send this, you speak my kind of language lol. That's it sent once again I will let you  know if we get any communication of payment from it.

Today, 19:46
 
Your message has been delivered to the following recipients:

 

Subject: Claim number: 446MC899

 

mediation call email received today set for the 1 November 2023.

Problem I cannot answer yes to all 3 questions, no.1 is no I am not willing to consider a compromise or negotiate on the amount still due to me, suggestions please

Important mediation requirements

Please read the following statements - mediation is only available if you can answer yes to all 3:

  1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
  2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
  3. I’m available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

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I would Say yes anyway.

Lots of EVRi threads say yes and EVRi pay full at mediation

if the call doesnt go well you can go to trial anyway

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

Have we helped you today?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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just dont feel pressured by mediator.

If you turn up and evri play bs and you say no it

looks bad on them NOT you however for a claim like yours they will settle eventually because they already admitted liability!  

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

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By saying "fingers crossed" you are suggesting that it is going to be a matter of good luck if you get your money back.
Money is yours by right. This is not a matter of good luck. It's a matter of you being sufficiently strong willed and sufficiently confident to face them out and confident that if they are stupid and they force you to trial then you will be up for it because you will win and of course there will be a judgement.
If that's were it goes then we will be asking you to get hold of a copy of the judgement and of course we will pay for it.

You shouldn't compromise on what is rightfully yours

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Babs, your compromise is that you will not pursue court action if they pay up.

This has been used before and the mediator has tried to say that isn't a true compromise... That's why you need to be ready to stick to your guns!

We could do with some help from you.

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