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    • Yes, await the Directions Questionnaire from the court. No, the Directions Questionnaire is just a short form and leads to the case being transferred from MCOL/CCBC to your local court.  If you Google "Form N180" you can see a blank copy on government web pages.
    • There will only be one hearing (typo possibly 25th is a Saturday Courts closed ) clarify with the court.
    • Upload a redacted copy of their statement (+ Exhibits) please.
    • No Andy, I'll scan, redact and upload later today. So the court sent me 2 letters, same envelope and stapled together but with different dates!. 1. N24 General Form of Judgement or Order, stating: UPON considering the papers herein IT IS ORDERED THAT The claim is listed for an attended hearing 25 May....... at which court will consider allocation..  etc   2. N24 Notice of PTR/Adjnd/Restored/Hrg/Management conference TAKE NOTICE that the hearing will take place on 24 May at....... When you should attend 30 minutes has been allowed for the Hearing   No other instructions anywhere in the envelope or on the letters. Do I attend both?
    • Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?  
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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.
      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.
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      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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:???::???:Hi peeps,

I have a natwest step account but needed a 'normal account' natwest wouldn't upgrade even after banking with them for over 6 years always in credit and working. However, decided to try for an account with RBS applied on line. The on-line process is that you fill in details and drop box appears and this tells you what account they will allow you to have. In my case I wanted the standard account- no fee with cheque book (not basic account). However, I was surpraised to be offered a basic account or their silver account without cheque book/overdraft which costs £8 per month. The RBS did not offer me the free bank account (standard current account). I think they don't want to give 'free' accounts as doesn't make enough money. Has anybody else experienced this? Should be flagged up to FSA because they are not offering free banking but offering a apartial service for a fee which give little ie no cheque book or overdraft. This seems to me it is an basic account with a charge. As the banking industry know that people will not opt for a basic account as it is very hard to upgrade to a current account with cheque book and overdraft.

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