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By honeybee13 · Posted
You can attach your letter to theirs - I would return the original to them and keep a copy. Print out your letter if you think it answers their questions and put your name and their reference number at the top, then attach it to their form. HB -
Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article -
Your letter is superb. A couple of months ago it would have led to instant victory. The problem is that since then there has been a tsunami of these cases and Starbucks have got fed up. However. nothing ventured ... I've made a little addition in red above so they know that you know that they have the power to intervene and have done so numerous times in the past. -
Thanks HB, I will will wait for DX to guide me. 10 days means start from the date of the letter or the day i receive the letter which is 23/4? Do make a photocopy of the letter and fill in the details and attached to the email to be sent to [email protected]. Then in the email i answer question 1,2, 3 which basically is the draft that i did ?? -
No, do the section 75 chargeback to your credit card provider.
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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
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