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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
      BankFodder

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      BankFodder,

    • Post in Some advice on buying a used car

      BankFodder posted a post in a topic,

      Post in Some advice on buying a used car
      BankFodder

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      BankFodder,

    • Post in Some advice on buying a used car

      BankFodder posted a post in a topic,

      People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
      BankFodder

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      BankFodder,

    • Pizza delivery insurance

      BankFodder posted a topic in Postal and Delivery Services,

      Pizza delivery insurance.mp4


       

       

       

      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies
      BankFodder

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      BankFodder,

    • Datasearch Services Ltd/Michael Isaacs - fined for gaining pers details of debtors by using AI voice changing software to impersonate debtors to their debt owners

      NewsBot posted a topic in Debt Collection Agencies,

      A former tracing agent pleaded guilty and was fined for illegally obtaining personal information to check if customers of a high street bank could repay their debts.View the full article
        • Sad
      • 0 replies
      dx100uk

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      dx100uk,
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