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

Clairus99 vs NatWest - hotting up? - **WON**

clairus99

By clairus99
in NatWest Successes

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clairus99

clairus99

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Okay - got to Court 9am yesterday to hand in Allocation Questionnaire; although they didn't open for business exactly until 10am, a very nice lady took the form and even called me an hour later to confirm that it was okay that I'd handed it in, "late".

 

Got the copy of Cobbett's AQ on Saturday; they put on it, "Case Management directions cannot be proposed until the Claimant serves a full and detailed reply to the Request for further infomraiton which is due by 26 June 2006. In the light of this the Defendant may amend its Defence or apply to strike out".

 

Therefore I added to mine that full details of account and applied charges (with dates and given reasons) had been supplied at each stage and also when requested, and that other information had not been applicable to CPR Part 18 as this claim was on the small claims track.

 

For some strange reason I didn't feel like putting that on the forum on Saturday for opinions, so I'm hoping it's okay. Whatever, I think it is, so...

 

I'll make sure to come and post here when the next stage happens.

But then again, what do I know?

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barracad

barracad

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Yes it will be OK - Part 18 does not apply to the small claims track.

 

There is no need to respond to part 18 requests other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.

 

Hopefully you will receive full settlement very soon.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Neo

Neo

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A settlement will be with you soon. Corbbetts just dig in their heels and take all the time in the world, but they know the inevitable, as do we..

 

Clairus99, what does being an Entertainer entail? :)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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clairus99

clairus99

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I'm watching the post daily...

 

Re "Entertainer" (yes it's a naff term but it sums it all up), I'm a DJ, karaoke host, singer, actor, model, singagram, voice-over, presenter, writer - so I guess "Entertainer" sums it all up.

But then again, what do I know?

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clairus99

clairus99

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Cheque received today for £1337.79 with accompanying letter containing the usual disclosure proviso.

 

When I've calmed down I'll have a look around to see how other people have said no, but, oh boy, I wanna cash that cheque NOW!!

 

Good luck everyone who's still waiting and DON'T GIVE UP!

But then again, what do I know?

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barracad

barracad

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Congratulations!!

 

When I received the cheque from Cobbetts I replied with a letter including the following:

 

I am willing to accept the amount of £XXXX as full and final settlement.

 

The offer will be accepted under the following conditions:

 

(1) The payment is in full and final settlement of this claim only.

(2) The payment is made unconditionally, specifically:

(3) The payment is not subject to any confidentiality agreement or similar.

 

Please confirm that this is acceptable to you and your client. I will then bank the cheque and write to the Court withdrawing my claim.

Within a few days they replied and said this was ok.

 

When the formalities are out of the way, please complete our bank charges survey.

 

And a donation would be greatly appreciated :)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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clairus99

clairus99

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Oh! Okay, thanks.

 

Have already done the survey and will be donating, certainly.

 

Feel confident enough about taking on Nationwide (it's at Moneyclaim Online stage) and Alliance & Leicester (LBA in the post) now!!

But then again, what do I know?

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  • 12 years later...
clairus99

clairus99

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

But then again, what do I know?

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Thread Locked

because no one has posted on it for the last 1873 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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