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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.

Paul V's Abbey **WON**

PKea
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PKea

PKea

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Is there a limit for when you should receive copies of the documents?

The court received their copies last wednesday and I havent seen anything.

I have emailed Inga, and I also phoned her yesterday regarding it and she said she would phone me back and never did.

Is this an item I should bring up in court, as they have prevented me time to review there documents.

The thing that really p'eed me off is that I emailed them a copy of my docs after they said they hadn't received them.. and they haven't even got the courtesy to return my email or call, let alone give the documents.

Should i write to the court or call the court regarding this?

Any Ideas?

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PKea

PKea

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Ok, I just gave Inga another call and when I told her my name she said 'That name rings a bell', so I told her that i had called and emailed and was waiting for her to get back to me, then she remebered.

I gave her my details again and I am now waiting again for her to call me back.

 

They have had 2 weeks to go through my docs and evidence and I haven't seen any of theirs yet and court is next Friday!

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PKea

PKea

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OK, i ve given Abbey long enough to sort themselves out.

I'm sending in Karnevil letter to the court for non compliance of serving their bundle.

Ive tweaked it abit, due to talking to Abbey and not their solicitors etc

Here's my version

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge Osbourne dated 12/01/07.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I have contacted the defendant on numerous occasions, by email and telephone, to request that it serve the Defendants documents at its earliest convenience. I have received no response to this correspondence.

 

I can confirm that my documents were filed on 05/01/07 and served to the Defendant on 06/01/07.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by a specialist department, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

Does that sound Ok?

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PKea

PKea

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IVE WON !!!!!!!!!!!!!!!!

James apologised for leaving it so late and near to the court date.

They will settle in full, including interest to date & costs.

MY figure was higher than his, so he said ile just write a cheque for your figure.

He will write to the court to let them know,

and send me a letter to countersign to say that i accept.

He told me not to withdraw my claim until i had the money, and the cheque should take a week because it comes from their legal fund.

 

Can a mod change the title to WON please, and thanks for you help.

Donation will follow.

 

Right back to Barclays now!!!!

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PKea

PKea

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Do i need to write to the court as well to let them know that a settlement is on the way, so to postpone the hearing?

As court date is close i dont want to screw it up now, cos i didnt drop them a line or ask for a postponement

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PKea

PKea

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Abbey have agreed to settle my claim in full, and told me they would write to the court.

Do i need to write to the court as well to let them know that a settlement is on the way, so to postpone the hearing?

As court date is Friday i dont want to screw it up now, cos i didnt drop them a line or ask for a postponement.

Or do i just attend court and tell the Judge the details?

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Lula

Lula

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Hi, write to them telling them that Abbey have offered settlement and can you have a postponement for a month pending cleared funds

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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PKea

PKea

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Hi,

I have just spoken to the court regarding the settlement.

They told me that i will have to attend on Friday regardless, they have recieved Abbeys letter and the hearing will continue unless i have the cleared funds (which i wont have by Friday) because the judge may make an order.

So I better gets all my documents sorted nice and neat.

Will i still need copies for the Judge and Abbey, cos Abbey wont be there.

The clerk said i will need to submit a discontinaution of claim form to stop proceedings, but only whwn i have cleared funds.

Any Thoughts? or is

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soldier girl

soldier girl

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Hello PKea

 

Also it's not for Abbey to instruct the court anyway - it's your case. (I wrote and told them to butt out, that I would tell the court once any funds had cleared and until such time the case was still active) I did get this info from the court itself (Well they didn't say "butt out" exactly but you get the idea :D ) Personally I would continue as if you were going to court - if Abbey don't show it will be another black mark against them and you'll get your money regardless (Just IMHO of course)

SG X

:rolleyes:
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PKea

PKea

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Hi Soldier Girl, I know its not up to Abbey to instruct the court, but it is up to Abbey to inform the court that they are settling the matter which is what they have done.

Just wondering what is going to happen at court because the judge will have the details from Abbey that they are going to settle, so will he just adjourn the case for a month? until i notify the court that the funds have cleared or will he set a deadline for Abbey tp pay me?

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PKea

PKea

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Abbey have agreed to settle my claim in full, and told me they would write to the court.

Do i need to write to the court as well to let them know that a settlement is on the way, so to postpone the hearing?

As court date is Friday i dont want to screw it up now, cos i didnt drop them a line or ask for a postponement.

Or do i just attend court and tell the Judge the details

 

I have just spoken to the court regarding the settlement.

They told me that i will have to attend on Friday regardless, they have received Abbeys letter and the hearing will continue unless i have the cleared funds (which i wont have by Friday) because the judge may make an order.

So I better gets all my documents sorted nice and neat.

Will i still need copies for the Judge and Abbey, cos Abbey wont be there.

The clerk said i will need to submit a discontinuation of claim form to stop proceedings, but only when i have cleared funds.

Any Thoughts? or will it just be me and the judge having a chat?

Is it possible that it will still go ahead and that at the hearing the judge will set a deadline for receipt of settlement?

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CrispDust

CrispDust

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I think I would attend court, get pally with judge and seek additional costs such as loss of earnings, inconvenince, travel etc

Abbey have CLEARLY wasted your time and the courts, had no intention of defending and should have settled much sooner.

Once again the banks have overstepped the mark.

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bish

bish

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Posted

Hi Pkea,

 

If it were me in your position I would attend court and request a deadline for receipt of funds and failure to meet that deadline would result in judgement in your favour followed by court action to recover the debt. Along with registration of a default notice, and baliffs action to recover the debt. As the banks are quick to file default notices on us, it is only fair that we file them against them, if they were to default then they are no longer fit to hold a lending licence, and perhaps the OFT will take action against one of these so called banks.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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PKea

PKea

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Here is my letter to the court

 

Dear Sir/ Madam

RE: Claim xxxxxxxxx Me v Abbey

I have received an offer of settlement from the defendant, which is for the full amount claimed. I would therefore respectfully request an adjournment of the hearing due on Friday 2nd February 2007 for one month to enable the defendant to issue a cheque and for the funds to clear.

I believe that this will be the end of the case and once the funds have cleared I will immediately notify the court and withdraw my case.

 

 

Yours faithfully,

 

 

 

Any thoughts?

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