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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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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.
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      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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Critical illness help


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Hi new to this.

 

Just wondered after browsing for a good while what anyone thinks of my situation and if anyone has any comments or similar experiences.

 

At work in march this year I started to feel a bit weak, walking predominantly to the right and eyes went a bit funny.

I left my car at work and got a lift to A&E to get checked out. Was admitted straight away and spent 2 weeks undergoing tests. I had an MRI which I was told that in technicians report suggested MS. I had a lumbar puncture (joyful experience!) which further indicated it (proteins?) and was put on a 5 day IV methyl prethisdolone or something like that. My walk was wierd, my eysight fuzzy and balance all over the place. I started to feel better and was discharged. My consultant from hospital said he was pleased with my progress but he said it 'MS'. He seemed very sure and said he had done a lot of work in this field before. He referred me to meet a neurologist which I am still waiting to see. Sure of his conviction I put in a claim for my critical illness cover. It has a 6 month see how it develops condition.

Been off work for 5 months now ang hopefully gearing up for a return to work soon. My sick notes have always said 'probable' MS from GP. This is worrying me now with my claim as I thought the consultant said it was a definite dx. He states this on another form completed but again GP says 'PROBABLE'

This money is going to seriously affect how my family continue to live and getting very anxious now. I phone company every week for update and they are forever waiting on medical reports.

I am also worried that going back to work may have an impact on claim. Since my hospital admission I have not sought any further treatment by a doctor, thats not to say I have had some bad times at home.

 

Sorry to go on, just worried, anxious and confused.

 

Any thoughts

jamjo

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Hi. I'm sorry to hear of your current health problems and I hope you get better.

 

I just found this link

 

Multiple Sclerosis Society Website - Welcome to the MS Society - Critical illness

 

Is MS covered by all critical illness policies?

 

All critical illness policies cover heart attacks, cancer and strokes, but not all cover MS, although it is one of four other core critical illnesses as defined by the Association of British Insurers (ABI). Those policies that do cover MS will pay out following a definite diagnosis by a Consultant Neurologist, as long as you have current impairment of motor or sensory function which has lasted for at least six months continuously.

 

In 1999, the Association of British Insurers (ABI) published model definitions of critical illness conditions. These represent minimum standards of cover, to which all their members have to adhere. Policies taken out since then with an ABI member will either offer this minimum level of cover or better. More details on this model definition of MS, and on those for other conditions, can be found in the Consumer Information zone on the ABI website ( www.abi.org.uk).

 

Check the small print to find out if it covers MS, and under what circumstances it will pay out.

 

There may be restrictions or exclusions which can prevent a claim. Some insurers will not pay out if the condition is diagnosed within three or six months of the start of the policy. You will also need to survive for a period of time, usually between 14 and 30 days, after an illness is diagnosed, but this should not be an issue for people diagnosed with MS.

 

If you do qualify, the money paid out can be a godsend, easing financial pressures at a time when you need to be concentrating on your health.

 

I hope this helps to clear some things up for you. From what I read though, as you've not had a definite diagnosis from a neurologist yet it is unlikely at this time that the insurers will pay out.

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