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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cancelling your Gym Agreement - Get it right !

slick132

By slick132
in Gyms and Health Clubs

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slick132

slick132

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Most of the threads started here are from users who’ve had problems AFTER they cancelled their gym m/ship, or tried to.

 

Use this guide to cancel properly and avoid months of harassment from the likes of Harlands, ARC Europe, etc.

 

Still in the minimum m/ship period ?

 

If you are still in the minimum initial m/ship period, you can only cancel in the event of :-

 

Redundancy, or a significant drop in income.

Moving home so the trip to the gym is too long.

Moving jobs if you used a gym close to your workplace before, during or after work.

Illness or injury leaving you unable to continue use of the gym.

 

On a rolling monthly agreement, or beyond the minimum m/ship period ?

 

Generally, you need to give one month’s cancellation notice.

Eg, your DD is paid on 12th of each month so give notice between 13th September and 12th October, let the DD be paid around 12th October and cancel the DD mandate once it’s paid. You should have gym access until 11th November.

 

David Lloyd continue to require 3 months unless you cancel before the initial 12 months ends. We’re working on this.

 

Get and keep proof of cancelling

 

If sending a written letter, use Royal Mail Signed For delivery (currently £1.73). Print a copy of the Tracking Report and keep as proof.

 

Or take 2 copies of the letter into the gym, leave one with gym staff and get the other copy signed with staff member’s signature, printed name, time and date. This is your proof of delivery to the gym.

 

Do NOT cancel by phoning the gym.

 

Do NOT rely on simply telling gym staff you are cancelling. They may not action your request.

 

Do NOT rely on handing a cancellation letter to staff. We’ve seen countless examples of such letters “going missing”.

 

Do NOT use the gym’s online contact system to cancel as you’re unlikely to get the proof you need.

 

Do NOT cancel by email as it's more difficult to prove receipt by the gym.

 

:-)

 

 

 

Cancelling Your Gym Agreement - Get it Right.pdf

 

Before Printing the PDF TIP

 

If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:

 

Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).

 

Note: This will save you Ink & Paper

 

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