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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

How can I ask for a Rescission or rectifican of contract!!

JOSH_IOU

By JOSH_IOU
in Lloyds Bank

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JOSH_IOU

JOSH_IOU

Posted
Posted

If the court orders the bank to cease applying penalty charges then can I ask the bank for a Rescission of contract?

 

Can I seek equitable relief from the contract?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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zootscoot

zootscoot

Posted
Posted

If the court has made an order for them to stop applying charges there is no need for any further action.

 

Rescission of a contract is an equitable remedy which puts the parties back in their pre-contractual position which is not possible with regards to contracts of service :)

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JOSH_IOU

JOSH_IOU

Posted
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So if my claim is thrown out I can ask for a equitable remedy?

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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JOSH_IOU

JOSH_IOU

Posted
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For the mod's here's the claim number of my claim. This one has a compensation claim of 3 million pound and asks the banks to justify if the claim of compensation is excessive. Claim # 7MP01088

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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zootscoot

zootscoot

Posted
Posted
So if my claim is thrown out I can ask for a equitable remedy?

 

If your claim is thrown out you can ask for nothing!

 

If you mean if your claim in lifting a stay is unsuccessful can you add another claim to prevent charges then you could either ask for it to be given under the judges powers of discretion to award an order to that the claim be stayed under certain conditions or you can add a claim for an injunction in the alternative to the stay.

 

Rectification generally requires consent of both parties.

 

For the mod's here's the claim number of my claim. This one has a compensation claim of 3 million pound and asks the banks to justify if the claim of compensation is excessive. Claim # 7MP01088

 

Lol how did you calculate £3M?

If you are the claimant it is up to you prove your losses not the bank.

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JOSH_IOU

JOSH_IOU

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Its an imaginary figures like these bank charges.;)

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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JOSH_IOU

JOSH_IOU

Posted
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Posted

6. The defendant must release a break down of exactly how much each

charge costs the defendant to issue the direct debit notice. If they can

not or will not. Or Provide false evidence then the claimant claims

£999,000 tax free in compensation. If the claimant wishes a

confidentiality clause to be signed then with out tax the claimant claims

£3,000,000. If the defendant dose not comply with any of these

particulars the claimant claims £3,000,000 tax free.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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