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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      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
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Tesla's "full self-driving" is nothing more than a Level 2 system anyway.

i.e. it's like an adaptive cruise with some extra benefits.

You're in control of the vehicle at all times, so it's ultimately the driver's fault.

 

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and the car/manufacturer can/will grass you up if it considers you were driving badly ... and do sell insurance companies driving habits (hard braking/corning/speeding) which are reported from the car back to the manufacturer

- check the T&C's

 

NY1.COM

Researchers said cars were the worst products for privacy.
WWW.THEINDUSTRY.BIZ

Tamika Clay, a resident of Henry County, experienced a startling discovery that thrust her into the center of a heated privacy debate...

 

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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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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A friends Tesla shut down for 10 minutes after he was 'testing the stability' in a car park and the info screen reported to him that the vehicle would shut down as it was been driven 'in a dangerous manner' or something similar.

He had to sit and wait for it to start again.

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Wonder if your friends insurance premiums will be affected?

 

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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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"Testing the stability" ?

I suspect the Tesla Map would have picked up that the car was being driven in a car park and the default safety settings required a shut down.

Reassuring that Tesla have public safety built in, to try to stop drivers driving in a way that may be risky.

We could do with some help from you.

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lol heres another perspective

wonder if the Tesla has exemptions for tracks running alongside roads - of which there are a few - where you are simply and legitimately checking its performance/handling/braking? - or whether it will also report that as unsafe driving in a 30 zone and shut you down, and report your dangerous driving to insurance companies  ... let alone a 20 zone if in wales perhaps?

or perhaps you are trying to escape something - perhaps a flood unexpectedly washing down the road of which theres been a number recently ... oh no says tesla - you stay there .. and wait for your insurance premium increase if you and your electric car survive a thorough soaking

 

- and in any case, I think the threads point is that the Tesla (and others) self driving is generally of 'questionable quality' and few would want the decisions/control taken entirely unexpectedly away from them.

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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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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Posted (edited)

Interestingly, I've just been out to do some shopping - other side of town so in car

waiting at single lane mini roundabout to turn right

White van man comes up to island with left indicator on an starts to turn left - so I start to pull out

- loon in a BMW speeds around from out of sight behind van as it turns and cuts across me - just missing - as I slam on the brakes

 

- wonder if my quick reaction to a loon would get me a black mark?

 

Only a little exceptional - similar milder issues disturbingly common

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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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Reassuring that Tesla have public safety built in, to try to stop drivers driving in a way that may be risky.

It didn't stop the man in Ohio taking his eye off the road and daydreaming by the sound of it, though. The car was even speeding by 5mph when it nearly hit the train.

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Illegitimi non carborundum

 

 

 

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2 hours ago, tobyjugg2 said:

wonder if my quick reaction to a loon would get me a black mark

This already does count against you on black box policies so I can't imagine it being any different if Tesla really was reporting to insurers.

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We could do with some help from you.

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Posted (edited)

slling

1 hour ago, lolerz said:

This already does count against you on black box policies so I can't imagine it being any different if Tesla really was reporting to insurers.

Not simply reporting out of goodness and safety reasoning - Selling data to insurers is reported

- and to be fair - not just tesla,

- and not just electric vehicles although they seem to be most intrusive in data gathering.

Edited by tobyjugg2
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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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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He's not a close friend, I'm sure he was driving like a dick but I didn't want to put that. The only point I'm making is that in no way am I ever driving something that a corporation can switch off as and when they feel like it.

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I suspect many electric vehicles have the same inbuilt safety features.

The risks that humans take will eventually be mostly moderated by computers.

 

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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  • 2 weeks later...

I just went out to get in car to go to pub

.. and it had gone without me

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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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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My old dog Amy used to do that

 

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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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Self-driving cars are safer than those driven by humans, except when it is dusk, dawn, or the vehicle is turning, according to a new study.

The article does say that self-driving cars are generally safer but it's not a ringing endorsement IMO.

NEWS.SKY.COM

Self-driving cars are generally safer than cars driven by humans, according to a new study released on Tuesday. However, the cars were found to be more...

 

Illegitimi non carborundum

 

 

 

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.. because they mostly work in very carefully contained situations .. ?

- and there are far fewer of them ..

 

otherwise

During low-light conditions at dawn or dusk, they were more than five times more likely to have an accident than a human-driven car.

While turning, self-driving cars were nearly two times more likely to have an accident.

 

That headline is simply err misleading

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

 

However bad you think things are ..

Could be worse - could be Farage

"echoing Putin's vile justification for the brutal invasion of Ukraine."

 

 

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