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By UsedCarMan · Posted
IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05. He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant. what is the next step now? thank you UCM -
I've had a quick (well, quick for a thread of this length), read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you. -
By Coleman0123 · Posted
Thank you. Fingers crossed it is all over soon. -
Thank you FTMDave, really appreciate your help! -
Thanks for coming back to us. There are no guarantees - but remember that so far MET have not had the guts to put even a single case before a judge. Not once. Yours is one of seven court cases. Three ongoing like yours. In two MET bottled it as Witness Statement stage approached. In one the allocating judge decided their Particulars of Claim were rubbish and threw the case in the bin. Just the one victory by MET by default when the motorist stupidly didn't file a defence. So there is every chance that MET will throw in the towel in your case too if you stand firm. Please keep us informed of what is happening. Regarding being abroad, that is no reason for things going wrong, you can request an on-line hearing and we've had several cases where the PPC gave up when the motorist moved abroad. But please keep us in the loop.
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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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