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    • difficult to trawl through HB A lot of it seems to be jenkins claiming he didn't know he was supposed to tell the truth, the whole truth and nothing but the truth
    • i can instruct my dog to sit. if it does is a totally different matter. with one bloody nose from CAG in Scotland now, on what is a new adventure for them me, thinks lowells will seriously think twice before trying again. dx    
    • Farages 'promises to clacton   * The people of clacton "need to be incentivised, in many cases, to get off benefits and get back to work" * schools will have “to struggle on with more limited facilities" “Some say you can’t put students in Porta Cabins, but actually with teaching you can put students anywhere.” * NHS - looking at an insurance-based model similar to other countries, such as France      (err) * I never supported the £350million, I never thought it was right.”   BUTT Farage:  “Can we just get to the truth of this - £350 million a week is wrong, it’s higher than that,”     Video evidence emerges of Nigel Farage pledging EU millions for NHS after denial WWW.INDEPENDENT.CO.UK The Ukip leader distanced himself from the pledge just hours after EU referendum results became known   Reform's Nigel Farage: 'Why I should be next Clacton MP' WWW.CLACTONANDFRINTONGAZETTE.CO.UK I met with Nigel Farage, Reform’s leader and General Election candidate for Clacton, in the Rose and Crown Pub in Thorpe-le-Soken.    
    • Here's the Law Gazette on today's evidence to the inquiry from Gareth Jenkins of Fujitsu. Post Office Horizon IT Inquiry live: Crucial prosecution witness Gareth Jenkins says Post Office 'tried to put words in my mouth' | Law Gazette WWW.LAWGAZETTE.CO.UK Gareth Jenkins, the Fujitsu engineer whose evidence was crucial to at least a dozen sub-postmaster prosecutions, begins four days of oral evidence to...  
    • So @theoldrouge * Are reform suspending farage for his putin apologist propaganda pieces? - Which he has doubled down on * Are you going to condemn antisemitic bigoted racism from your right wing  bigots? In effect, are you two going to look up from your gutter and follow labors lead?     "Farage (a “pub bore” who has no grasp of the complexity of “finding international solutions to problems”) - did not say that both Sweden and Finland, Nato’s latest two members, decided to join only after Putin ordered the full-scale invasion of Ukraine. Finnish ex-Prime Minister Alexander Stubb said joining the alliance was a “done deal” for his country only as soon as Russian troops invaded Ukraine. Their membership more than doubled the Russian border with Nato. For Sweden, their decision to join ended more than two centuries of neutrality, such was the threat posed to them by Russia."   Simple fact - Russias invasion of Ukraine forced Finland to join NATO - doubling Russias border with NATO countries.    
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    • If you are buying a used car – you need to read this survival guide.
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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.

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      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri


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That looks fine

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Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time.
They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you.

However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.

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Exactly right Bank! 

I had an email this morning from HM Courts and Tribunals Service Civil Money Claims:

Dear Mr xxxx

Claim number: 527MCxxx

Parcel2Go.com has been given an extra 14 days to respond to your claim.

They need to respond to your claim before 4pm on 4 June 2024. 

Anyone would think you've been through this before!

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  • 3 weeks later...

Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim.

 

They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it.

As ever, I’d welcome your thoughts guys.

g59 

 

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Please will you upload the defence in a PDF format document

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Okay everything is normal. No surprises.

I'm assuming that you are prepared to carry on. It's a pretty amazing defence because they even agree that the box arrived empty but even more astonishingly they agree that your parcel hasn't been handled with due care and attention.

Their sole defence is that they limit liability to £20 unless you purchase extra insurance.

In other words they contravene section 57 of the consumer rights act unless you purchase a secondary contract of insurance which is contrary to section 72 of the consumer rights act.

These people are more stupid than the people at Evri.

I suggest that you carry on. We suggest that you avoid mediation. I believe that a new compulsory mediation scheme is coming in but I think that this is for cases which were begun after your claim date.

We suggest that you go completely to trial and get every penny. Your chances of success are pretty well 100%.

I hope you understand where you are on this and what the procedures are now. If you haven't then you have more reading to do.

We suggest that you pay the money to continue and that you decline mediation.

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Thanks Bank - that's exactly what I was thinking. Good of them to concede the parcel hadn't been handled appropriately and that it arrived minus its contents, and the oft quoted precedents would appear to scupper their 'claimant didn't take out our additional 'parcel protection' defence. 

I shall indeed decline the mediation, and pay the additional cost to take the case to a hearing. 

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They will be really stupid to allow this to go to trial and they should probably put their hands up – but frankly I am crossing my fingers that they do go to trial and you get the judgement and you will help us get a transcript to put it up on the forum to add to the others that we have.

 

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ayy its dianne!

 

53 minutes ago, BankFodder said:



I suggest that you carry on. We suggest that you avoid mediation. I believe that a new compulsory mediation scheme is coming in but I think that this is for cases which were begun after your claim date.

 

 

It's in but there's a way to avoid it. If you use the OCMC system (the new one like this person has used) mediation is still optional :)

underpaid paralegal

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Absolutely. If they do defend it they'll also likely incur travel and subsistence costs as I'm in Twickenham and they're in Oldham, and my understanding is that court cases invoving individual claimants are scheduled for their local court rather than that of the defendants.

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Posted (edited)

oh they wont turn up, that would require effort...

 

they'll send an underpaid LPC advocate to argue for them....

 

yes it will be in twickenham

Edited by jk2054

underpaid paralegal

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Stick to your guns. Stick to your plan. Don't be diverted.

Don't imagine that the thought of a few quid or a few hundred quid is going to worry them. These people don't make decisions based on business, sense.
Just keep on going. If you're happy to avoid mediation then go to trial. Go to mediation as part of their business plan. They want to place obstacles in the way of litigants and then settle at the very last moment.



 

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OK - I have rejected mediation and said I wish to proceed to a court hearing. I said 'Yes' to :

Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

since they appear to be relying solely on my failure to purchase their additional 'parcel protection coverage/insurance' which my submission of the PENCHEV and SMIRNOVS transcripts should kick firmly into touch.  

 

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Frankly I think you should go to a hearing unless you feel especially nervous .

If you have any worries then you should follow our link to find out about a county court familiarisation visit

 

 

You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive. 

It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side

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That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.

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Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?

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Yup, sorry - defo should have checked with you guys first. But with the case only being argued on one point, and the Penchev & Smirnovs precedents to be presented in my bundle, I thought it would be an easy slam dunk! 

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Going without trial opens up to an opprortunity of a judge skim reading things or missing thingd and not accepting the weight of the oral argument

underpaid paralegal

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