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    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      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.
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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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Has Egg counterclaimed against you? Don't worry


BankFodder
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I suggest that you reply to the counterclaim.

 

Where the counterclaim says that if the court finds that the charges are unenforceable, then Egg claim the actual costs of the contractual breach, you should admit this. They are quite right. This is what the charge should be. It should be the actual cost. Of course we all know that the actual cost is minimal - probably less than a £1.00

 

Therefore you should admit this part of their claim and require that they prove their actual costs.

 

Reply to defence and counterclaim

 

 

Reply to defence

 

The claimant repeats and confirms the particulars of claim

 

 

 

Reply to Counterclaim

 

Paragraph 8 of the defendants defence and counterclaim is admitted. The Claimant agrees that he is obliged to reimburse the defendant their actual costs incurred by the Claimant’s breach of contract. (This has always been the claimant’s position

 

The Claimant requests that the defendant makes full standard disclosure in order to allow the court to assess their true costs – as the defendant has requested in their counterclaim.

 

 

Paragraph 9 – it is not admitted that the defendant is entitled to counterclaim the sum stated or other sum.

 

The claimant will put the defendant to proof as to the basis of any amount claimed.

 

 

 

Statement of truth

 

The para. 9 part relates to any other amount that Egg list in their counterclaim. (You wil have to change the paragraph numbers to suit your situation. Also you will have to modify my suggested response as well

 

Do not pm me on this please. If you have received a counterclaim then quote it in a post in your thread and pm me with a link top it.

 

Don't worry about Egg's counterclaim. They are being naiive.

 

They would never dare produce evidence of the true costs of their charges - just like the other banks, this would be a disaster for them

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