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By CinamonSpice · Posted
Dx, I've now blocked out and attached a copy of the letter that I'm responding tonight. -
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You mention that Iceland have been useless, and that has been our experience too in other cases. However, have you escalated to CEO level? https://www.ceoemail.com/s.php?id=ceo-9061&c=Iceland Foods-Chief Executive If not, it has to be worth an e-mail. Mention immediately, first line, that you are disabled and have been a victim of disability discrimination on the part of the shop's agents. The idea may fail miserably, but nothing ventured ... -
Couple of quick questions for the team please: 1) How do I address the judge? 2) What do I say if asked who the driver was? Note I have never admitted to being the driver. 3) Is there any way to check if the hearing is still going ahead? I haven't heard from UKPC after sending the supplemental WS, so assuming I'm going to court tomorrow. Many thanks -
By Unknown2024 · Posted
Okay thanks, I will get this uploaded ASAP so that you can see the evidence along with the arguments which were made at the time. It is also worth noting at this point that besides the discount / deposit argument, I had further arguments on whether or not the deposit (the part exchanged vehicle) should fall under the 'advance payment' section of the agreement or whether the agreement was improperly executed, whether this then made the default notice which was issued unenforceable, then whether the finance company used the police to recover the car when they were in fact in breach of S90 of the CCA1974, along with other pieces of legislation such as the CC(A)R2010 and the consumer rights act 2015 VWFS redacted_copy-compressed.pdf Okay here's the agreement and some of the vehicle order documents to give you a start on reading through some of the details
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Hello,
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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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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what are my rights with baliffs
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