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By occysrazor · Posted
Hi, nothing received. I have been spending evenings and last weekend preparing my case to present to the judge. Feeling a bit anxious/nervous, as I want to ensure I've covered all bases and dont leave any opportunity for a rebuttal -
Thanks for the replies - will fill in the form asap. I see you post time and again that a DCA, 9/10 times has no right to collect the debt. And it is also set out in some of the defences I have seen you post in various threads... so I had assumed this was the position to take. Hmm. Keeping in top of this stuff I do find difficult with my ADHD brain as it is all just imaginary, in the ether as far as my thinking is concerned, nothing tangible or physical .. and remembering to check here also tricky (To-do lists don't work.. as I don't have a built habbit to ever look at them twice! They're immediately forgotten). and so, accordingly, my mediation call is tomorrow morning.. and I'm just about to go to work for a few hours. Any general advice for the call before I fill in the info? -
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Well done topic tile updated. Andy
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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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