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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      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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      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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Case Management


Jacklotr

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Hi

I have been waiting for a court date, but instead of a court date I've got a date for a 'Case Management Meeting' at Brecon Law Court, on Wednesday 17th Oct. I was just wondering if anyone knew what I should take along with me to this meeting - ie more than has been provided to both court and the bank previously. Also am I right in thinking that this is to decide whether to proceed with the case? Now that it's getting close, starting to panic, what with other cases being suspended, thrown out, etc.

 

Any advice gratefully received

Jacklotr

NMA:

I believe in justice

I believe in vengeance

I believe in getting the b****rd

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Hi Jack,

 

It would help us to advise if you post a brief history of your claim to date.

 

In particular, state exactly what the Directions say re the hearing on 17th.

 

Slick

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Hi .....

Im sure that a case management is another form of directions hearing in which case look here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Did you get a case management sheet to fill in ?

If so have a look here http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

 

Hope that helps

 

saint

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I originally asked for refund of charges in January, it took several phone calls to get my previous statements. I received several letters from Barclays saying that the complaint was being dealt with, I got bored waiting so went down the legal route: Form N1? with a list of all charges, standard template letters, etc. Got a defence back from Barclays saying it was a rather brief claim so there defence would be brief, then sent AQ, (think that's the right order - haven't got all the details with me!). While waiting for the court date I received the date for the case management - all that was, was a single A4 sheet telling me the date for the case management:

Basically:

"Case Management Meeting"

A case management meeting has been arranged for 17th Oct, 10.30am

 

Please allow 20 minutes for this meeting.

 

- no info sheet or forms were included with the letter.

Cheers

NMA:

I believe in justice

I believe in vengeance

I believe in getting the b****rd

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