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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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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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Disastrous driveway!!!!


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My neighbour and I have a driveway that is shared between us, and he has decided that he wants to get the driveway done - imprinted concrete, he is not expecting me to go halves with him I must point out but have agreed to as it is only fair. Anyway, he has got a company in to do the driveway, they turned up yesterday and dug out the drive (it was badly in need of doing) and have put the kerb bricks in at the end, they were there 2 hours before going off to another job, they returned this morning at approx 10am and again went at 12noon to another job saying they couldnt put the concrete down in the rain (it was spitting) but again fair enough. They have put down rubble - not MOT stone, and within in this rubble is bits of tarmac from the previous drive and basically recycled rubble. My hubby has come home from work today (he is a building contractor) and looked at this shoddy work and spoke to the neighbour who didnt realise anything was wrong with it has been pointed out to him that a) we are paying for MOT stone not rubble b) the kerb bricks are uneven, and c) the fact that they are meant to be coming back tomorrow to put the concrete down at a depth of 4 inches, of which there is not 4 inches in depth to put it down. My neighbour has already paid a deposit of £800 to this company, and the remainder of it is due on completion. My neighbour has spoken to one of the bosses of the company tonight who states that he will here tomorrow to see what the problem is, he has stated that they are not a cowboy company (not believeable at this moment in time!) and will fix anything that it is wrong.

 

Where do we stand if they refuse to fix what is wrong? My hubby has taken pictures of this disaster, can they be used? and if so how?

 

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hi there, dont allow them to pour the concrete untill you are happy that they can achive the MINIMUM depth of 100mm,rubble is ok as long as its compressed down and is a good depth say minimum 150-250mm,this should be a mixture of medium and fine bits without to much air between the rubble,tarmac is ok in the mix,although i have never used it "Skalpings" or road shavings i have heard make a good base, do not accept bits of wood or mud/dirt in the base as this will break down and wash away leading to possible future faults,.Mot or self compacting hardcore is allways the best to use but is expensive! it is a good mix of dust and stone that compacts down to a air/cavity free base,however crushed concrete or properly broken down brick etc will be ok,personally if using the latter for driveways i have allways washed in a couple of tonnes of sharp sand to bind every thing together and to fill the cavitys,there are lots of shady drive firms around and once the top concretes down your knackered they have don the job and it will look good for ages,but try getting them to dig it ALL up in a couple of years when it starts to go!my specification above is how i would go about preparing for drive slabs to avoid sinkage,the builder might say that it is a little excessive because of the 100mm of concrete will do the job over the top of the hard-core,possible it will but whats the problem? a cubic meter of concrete costs around 90- 120 pound and a tonne and a half of ballast or sharp sand would be around 40-60 so cost differences are small and may even save the builder money,re rain ,cant blame them for that if it rains after laying the concrete it will wash the concrete from the top layers,personally i wouldnt do it if there was any doubt at all!

 

 

hope this helps tip my scales if i have been of use ,,,jezzy

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ps.noticed bit about mot not rubble ,cost of mot is around 35-45 a tonne i paid latter from travis perkins a while back, crushed concrete is around a tenner if you pick it up from a building site, definitely dont let them continue untill you have spoken to the main man, minimum is you get a discount based on the above if he declines and you have quote in writing threaten them with trading standards!! or tell them to remove the rubble and use the materials priced for..

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My neighbour and I have a driveway that is shared between us, and he has decided that he wants to get the driveway done - imprinted concrete, he is not expecting me to go halves with him I must point out but have agreed to as it is only fair. Anyway, he has got a company in to do the driveway, they turned up yesterday and dug out the drive (it was badly in need of doing) and have put the kerb bricks in at the end, they were there 2 hours before going off to another job, they returned this morning at approx 10am and again went at 12noon to another job saying they couldnt put the concrete down in the rain (it was spitting) but again fair enough. They have put down rubble - not MOT stone, and within in this rubble is bits of tarmac from the previous drive and basically recycled rubble. My hubby has come home from work today (he is a building contractor) and looked at this shoddy work and spoke to the neighbour who didnt realise anything was wrong with it has been pointed out to him that a) we are paying for MOT stone not rubble b) the kerb bricks are uneven, and c) the fact that they are meant to be coming back tomorrow to put the concrete down at a depth of 4 inches, of which there is not 4 inches in depth to put it down. My neighbour has already paid a deposit of £800 to this company, and the remainder of it is due on completion. My neighbour has spoken to one of the bosses of the company tonight who states that he will here tomorrow to see what the problem is, he has stated that they are not a cowboy company (not believeable at this moment in time!) and will fix anything that it is wrong.

 

Where do we stand if they refuse to fix what is wrong? My hubby has taken pictures of this disaster, can they be used? and if so how?

 

Thanks

 

Hi trixter.. can you post up the pictures of the base if possible. I work for an aggregate company, selling these materials all day every day, so I might be able to advise, but not really without seeing what they've laid.

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hi trixter,do you think my spec sounds ok? ive done it as if it was drive paviors,but better safe than sorry jezzy

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sorry not trixter last message meant for jean jaquess

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Yeah sounds about right, although you don't technically need an MOT (highways spec product) you could use a product called "crusher run" which is usually a 40mm or 75mm down to dust material.

 

I'd use a 100mm base, with 100mm of concrete on top.

 

With block paving I'd recommend a 100mm base of hardcore (crusher run, possibly crushed brick & stone, but thats usually 125mm down, it's ok if you can get a 75mm one though!) then a 50mm bed of compacted sharp sand, then laying the block paving on top. Concrete specs are slightly different though, but I'd say what we've said above would be fine.

 

Tarmac scalpings (or planings) are usually removed from the top of roads when they resurface and compact well SOMETIMES, but they're better used to finish off temporary roads etc.

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Thanks guys for the replys, very helpful il be clicking all your scales:)

 

The main man is coming this morning so im going to tackle him. I think they thought they would get away with it as my neighbour is quite elderly and my mum lives with us who again is getting on a bit! and it is 3 young lads that are doing it and have only seen my mum and neighbour, they havent actually seen me or hubby.

 

Another thing that has annoyed me is last week we had our front garden tarmaced (another company), now our garden is 30ftcubed/square (cant remember if cubed or squared but something like that!) we actually rang this company who are doing the drive for them to quote, one of the main men came out and quoted for it, now hubby did the digging out of it and put down the MOT of which he used 3 tons for the front garden, and the drive is a third bigger than the garden and nowhere near 3 tons of stone/rubble were delivered.

 

Well its raining this morning so I cant see them turning up to do the concrete, just a case of waiting for th big boss to come and have a look, will let you know how I get on and what he says.

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Well big boss man came with 6 henchman looking like they carry carpets for a living:D He started off with quite a bad attitude, one of the first things out of his mouth was "pay us for the work we have done so far and we will leave the job" so hubby said not a chance, this is what you have qutoed for and this is what you will do. The guy lightened up a bit after hubby showed no signs of backing down, and agreed to redo kerbstones and dig further down. they obviously know they have been rumbled by us, they were here for the next 3 hours putting everything right!! Im not going to name them just yet but after the work is done, and if any more problems arise I will be naming them and advising everyone to stay away from them. No concrete has been put down yet as its been raining so we will see what happens on monday, weather permitting. Thanks for your help guys once again.

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great stuff glad to have been of service ,,,jezzy

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These are typical of the cowboy 'I can do your driveway cheap' brigade that plague the country.

A genuine company would not be asking for money up front, maybe a deposit, but nothing more.

If they do not have the couple of hundred pounds it required to do the job then they do not have a company and certainly not a business account with a bank.

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Yep they came monday includin big boss (me thinks he wants to get paid:) ), put the concrete down and the dye and imprinted the design on it, must admit looks very good. Apparently it has to be left 48hours before they come back to brush the dust off the dye and put a shine on it, that by my reckoning should be tomorrow weather permitting i think, lets see if they turn up!;)

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Well, they turned up, 3pm albeit but they still turned up! They washed off the dust (cheeky sods have even been using our outside tap for the water and our hosepipe!!!!) Bet they dont knock that off the bill:rolleyes: Anyway, they turned up, washed off the drive, went to use a machine thing to put a shine on it and it wasnt working! Surprise surprise they were only here an hour it was close to them finishing for the day though:) They are meant to be coming back tomorrow....yeh yeh lets see what happens tomorrow happy days:-D

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They came back today - at 2pm! they were here 1 hour - 15mins to do the job, 45 mins having a brew:rolleyes: (Wish I had a job like theirs!!) anyway, jobs done and actually very good, just gotta wait until monday now before we drive on it. Thanks to the guys above who have helped with their advice. Just to put a bit of delay on it like they have to us, we have given them a cheque but not signed it hahaha!! Prats have not even noticed. They will have to come back on monday for me to sign it - shame:-D They can mess about I can play that game as well;) ....Happy days again...

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