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Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06. -
VCS's WS and evidence Claimant Witness Statement and Evidence_Redacted.pdf -
Thanks all for your help. Here's the 1st draft of my WS including evidence. I have deliberately not given any details of who was driving at the time. Will share VCS's WS and evidence in second post due to file size Annoying and embarrassing but I can't find the court order paper to share. In the middle of house reno and I think it might have got binned. I know the heating is on the 5th July and it's for 1hr in person to give oral evidence. I'll share if I find it. Defendant's Witness Statement _Redacted.pdf
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Thread open for update ......... -
By interstellar · Posted
Hey I was searching this company up and came across this forum, I have a lot of info on the individuals who work there, if you need any information dm me privately I can't say much publicly. I feel for you as you are one of the hundreds who they have scammed. I made an account to comment so not sure if you will see this
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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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good reading for ppi claims
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reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
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