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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. 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 and 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 leading 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. If it's good for them it's bad for you. 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 but 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's 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
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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This morning I have recieved a card from a P Brown of NCO stating that he intends to visit me on Tuesday between the hours of 9am and 9pm. Do these people ever really turn up?.I have tried looking for an email address of the company to tell them I am about to go into an IVA but cant find one. There is no way I am telephoning them.

 

Can anyone help?

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Hehehehe welcome to the NCO calling card club.

I have wasted alot of tea and cake waiting for these "people" to arrive.

All I need is a Saturday and Sunday card and I'll have a full set.

 

Don't worry about it, they send you a proper letter soon enough.

You are right NOT to pohone as they don't listen to legal reason anyway.

Be VERY careful whose advice you listen too

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Well Mr Brown is due to call today. I do wonder if he will actually call round though. I have written to them but doubt it will do any good at all. I have also found out today that they should not be sending out postcards either as these can be read by a third party and should infact be sending any correspondance in an envelope.

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Well if he does turn up can you tell him that his tea is cold and cake stale, oh and I'm STILL waiting ;)

 

Now as the cards are really ambiguous then unenveloped is acceptable.

Be VERY careful whose advice you listen too

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Dont write to them about it. The tactic is to get you worried and concerned about the prospect of somebody showing up at the door . You write and you have confirmed yourself as somebody that is intimidated by that . They will try it again and again. Don't call them, laugh at them if they threaten it again on the phone. These doorstep people have as much right as I have if I showed up on your door asking for money . None at all . Its just scare tactics.. remember that .

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Just a thought,i wonder if there is a market for these lovely calling cards on ebay ??? Playing cards maybe :D

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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Now there's an idea;)

 

you being naughty cb!!!!!!!!

 

What me I have no idea what you could possibly be refering to ;)

 

 

 

Oh blast !!!! I know i should have kept them,those American baseball cards can be worth a fortune,just think what a full deck of these would be worth :rolleyes:

[COLOR="black"][SIZE="7"][/SIZE][/COLOR][COLOR="palegreen"][/COLOR][COLOR="darkorange"][/COLOR]Bless You,The Reverend[FONT="Century Gothic"][SIZE="6"][/SIZE][/FONT]

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Why not photocopy tha card and send it to a random MP or Judge or Local dignitary perhaps even the Queen or Prime Minister and hope the recipient phones them and sees what a bunch of @*!!%*! are at the end of the phone. Sabotage this tactic! (I would not really reccomend this tactic for legal reasons though - I'm a coward)

 

As to the comment by CurlyBen it is debateable as to whether the cards are ambiguous as they are clearly headed NCO. As all other correspondance from this company is sent in envelopes it seems that these postcards are intentionally sent to defame.

 

As to suing for loss of earnings NCO will claim that there is no specific date on these cards - just a day. There is no postmark with a date on this cards either to my knowledge.

 

I am currently using the defamation argument with the Student Loans Company as I have a disputed debt with them and feel that these cards are defamatory not just against myself but other members of the household. I also live within walking distance from their headoffice and am assured that my postman is familiar with the company that is just up the road. SLC has taken the account away from NCO but the argument is still ongoing with great fervour.

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When you return post back to the sender, saying no longer at this address, doesn't it cost the company that it goes back to?

Or you could just put them in a plain envelope and write their address but do not put a stamp on then, they would have to pay the postage, plus another £1.04 to collect it from the post office. Oh damn just realised it will have your address on Doh!!!!!!!!!!!! you could always blank that out.

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You'll actually find it is very cleverly worded to deceive you into thinking it's a home visit.

 

It actually will say .... P Brown will be calling your home. Your eye will read it as P Brown will be calling at your home.

HALIFAX - Settled in FULL - £1654 13/6/2006

NatWest - Prelim sent - £985 16/6/2006: LBA sent 30/6/2006 : Summary Cause issued (Sheriff Court) on 14th July : Waiting for Cobbets!!!

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You'll actually find it is very cleverly worded to deceive you into thinking it's a home visit.

 

It actually will say .... P Brown will be calling your home. Your eye will read it as P Brown will be calling at your home.

 

 

Youre right you know. I never realised that till now. I have had yet another one come today from NCO, they sent me one last week too!!!. But on the card it really does sound like this P Brown will be coming to my house as it says " If inconvenient ring............" which sounds like they are trying to say " If you arent going to be in " etc.

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