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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Time for a complete boycott of bailiffs?


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there should not be 'bad bailiffs' period!

they are meant to be professional people, fully trained, and working for courts etc, these people are meant to be trained, half of them dont even know what the regulations are or what standards they are meant to adhere to. I dont think its the minority that are the problem its the majority, and I think this site backs that fact.

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I agree with tonycee. More strict legislation is needed. boycotting bailiffs is just going to get the councils back up which will result in more committal proceedings as it shows a refusal to pay. encouraging a boycott is a bad idea.

 

It appears to me that there are certain people on this site who are very narrow minded and just because they have been upset by a bailiff think it is reasonable to attack the industry as a whole.

 

people fail to see the bigger picture which is that taxes must be paid. why should i pay my taxes and you not pay yours? what makes you different from everybody else? it's obvious that the people on here arent as badly off as they make out. they can still afford internet access.

Internet access is a minimal amount to pay to what bailiffs charge.

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there should not be 'bad bailiffs' period!

I dont think its the minority that are the problem its the majority, and I think this site backs that fact.

 

You are clearly right.

 

btw - In answer to an earlier posting (about many bailiffs having the same name etc) I think it's one of those spurious occupations that gets handed down from one family member to another.

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I've heard that Citizen's Advice are collecting evidence about bailiffs. They have had success with this sort of thing before, and were one of the leading campaigners that eventually got the law relating to tenant's deposits sorted out, so it may take time but it does work.

If you've had a problem with Bailiffs, tell them about it. Take along any evidence etc that you have and ask them to make a record of it. If enough people complain, things will change.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If enough people complain, things will change.

 

I'm not sure that I have your faith - the Councils / police etc all have a vested interest in "turning a blind eye" to what goes on .... as long as they get their money (and can pretend that they do not know what's happening) they do not care.

 

Meanwhile, bailiff firms are racking up millions for themves.

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You can make things change, though so often it is virtually impossible to prove their misdoing, it has taken me from 3 May till now to get to where I am. Tomorrow's meeting could make a difference if as I hope my LA decide to pubicly make their bailiffs accountable. It has been a huge amount of work, stressful and without a doubt put a strain on my marriage. Yesterday my husband said, "When this is over promise me you wont take on any cases!" I would love to be able to say yes and go back to writing about tyre recycling etc! but how can I walk away from helping people at the most scary part of their lives? I dont have the answer.

 

SFx

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Maybe we should make a list of all the bailiff companies who have had complaints made against them, the reason for the complaint ie excessive charges or threatening behavior etc get the names of the bailiffs with out naming them in here of course and then send the list off to V Baird and get her to act on it, as she said herself she wants to get rid of the 'cowboys' in the industry

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You can make things change, though so often it is virtually impossible to prove their misdoing, it has taken me from 3 May till now to get to where I am. Tomorrow's meeting could make a difference if as I hope my LA decide to pubicly make their bailiffs accountable. It has been a huge amount of work, stressful and without a doubt put a strain on my marriage. Yesterday my husband said, "When this is over promise me you wont take on any cases!" I would love to be able to say yes and go back to writing about tyre recycling etc! but how can I walk away from helping people at the most scary part of their lives? I dont have the answer.

 

SFx

 

Good Luck for tomorrow ... we should remember that many people are not able to stand-up for themselves and those of us who can (and will !) have a duty to protect the less fortunate.

 

It will not just be a victory for you - but will be a small step for many, many others too.

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Maybe we should make a list of all the bailiff companies who have had complaints made against them, the reason for the complaint ie excessive charges or threatening behavior etc get the names of the bailiffs with out naming them in here of course and then send the list off to V Baird and get her to act on it, as she said herself she wants to get rid of the 'cowboys' in the industry

 

Good idea - but many people tend to "run away" from the subject as soon as their particular problem is solved.

 

How many times have we seen posters on here - who then simply "disappear"?

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TW - probably repeating myself, but on the 3rd May, I turned to my OH an said - "Hey no worries about getting our money back, but you do realise that I have to make a difference don't you" and he agreed that someone has to stand up. I must say though he is ****ed off as it is damaging my health, he has had been hugely supportive and in knows it has to be done.

 

SFx

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Good idea - but many people tend to "run away" from the subject as soon as their particular problem is solved.

 

How many times have we seen posters on here - who then simply "disappear"?

we can but try and recontact them by posting in their thread. Im willing to give it a bash

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TW - probably repeating myself, but on the 3rd May, I turned to my OH an said - "Hey no worries about getting our money back, but you do realise that I have to make a difference don't you" and he agreed that someone has to stand up. I must say though he is ****ed off as it is damaging my health, he has had been hugely supportive and in knows it has to be done.

 

SFx

 

The system relies on everyone "falling over" and just accepting whatever muck is thrown at them.

 

Good for you !

 

I know it's a huge strain - often fighting the injustice as well as the original cause - but you will feel better for having stood-up for yourself rather than being walked all over !

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TW & SM - yup it does **** me off the URGENT NEED HELP posters, we all give great advice, they post SORTED and just disappear, and very very rarely do people say thank you!! Hey ho.

 

SFx

do you think Herbie will have records of the people she has looked into, maybe thats a start, we dont really have to have the people themselves wanting to help just going by the posts in here, by the way .. good luck for tomorrow will be thinking of you :)

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do you think Herbie will have records of the people she has looked into, maybe thats a start, we dont really have to have the people themselves wanting to help just going by the posts in here, by the way .. good luck for tomorrow will be thinking of you :)

 

I'm sure that Herbie has a very good database on this subject - but may not want to get directly involved (prefering to work independently).

 

It's noticeable that Herbie has not contributed to this thread !

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TW - hey hun dont knock Herbie, please.

 

SFx

 

It wasn't a "knock" - I admire Herbie very much.

 

Just saying that Herbie may prefer to work one way - and I prefer to work another, that's all ! (There's more than one way to skin a bailiff !)

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It wasn't a "knock" - I admire Herbie very much.

 

Just saying that Herbie may prefer to work one way - and I prefer to work another, that's all ! (There's more than one way to skin a bailiff !)

hmm skin a bailiff .. if only I wasnt so squeemish :D;)

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LOL - I am just reading one companies annual report and in the director's report it states - operates in a regulated business sector and is reliant on maintaing its consumer credit liecnce and its staff maintaing bailiff status. - do you think that this may not be the soft under belly!

 

SFx

 

A "license" to print money, you mean?

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Well - tomorrow I will be telling said director about my conversations with the OFT and their thoughts on the contravention of Section 25 2d of the CCA 1974 and they will get their first sight of my Form 4 - golly gosh are those two things that they value the most!!!!!!

 

I really think that this guy is thinking that tomorrow is going to be a walk in the park, their is very little I dont know about this company or its directors!!! or the law for that matter! I just cant wait to see his face, their description of me is mid length brown hair and of average height, I am 6ft and blond!!!!!

 

SFx

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Well - tomorrow I will be telling said director about my conversations with the OFT and their thoughts on the contravention of Section 25 2d of the CCA 1974 and they will get their first sight of my Form 4 - golly gosh are those two things that they value the most!!!!!!

 

I really think that this guy is thinking that tomorrow is going to be a walk in the park, their is very little I dont know about this company or its directors!!! or the law for that matter! I just cant wait to see his face, their description of me is mid length brown hair and of average height, I am 6ft and blond!!!!!

 

SFx

6ft:eek:.. I wont hold the being blond against you ;) being im blond myself.. but 6ft:eek::p

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