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Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside. For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH The Court will deal with the application to lift the stay without hearing under CPR 23.8(c) It is ordered that: The Application to lift the stay and for direction questionnaires to be issued is granted. Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and a) the party making the application is the Defendant; and b) the Defendant is an individual, then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court. -
no ftmdave ive not emailed at ceo level..i did not know you could do that....but i will do now, thanks. ive just been wasting time emailing to customer complaints department -
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 ...
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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.
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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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