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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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      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.

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Patma

By Patma
in General Consumer Issues

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Patma

Patma

Posted
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and of course you need the full contents of what is indexed, not as they say "this is an index" and not showing you what it actually is contained within etc

 

therefore asking for more than their "INDEX" as their submission

 

that will shut the door they are trying to leave open

 

and a complaint to the Court etc is important that it be on record of what you "consider yet another abuse of process"

Thanks Kiptower good point, I've reinforced that point now.;)

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middenmess

middenmess

Posted
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Hi everyone I'll give you the info on the latest Application as ap, but first I have an urgent question please.

A letter has arrived today from Lyons Davidson saying the following......

 

Please find enclosed draft bundle index. Please confirm that this is agreed and we will proceed to file our bundle of papers with the court.

Please send confirmation to .........(EMAIL ADDRESS GIVEN) by 2pm Monday 2nd November to allow the court sufficient time for receipt.

If we do not receive confirmation we will assume this agreed and we will proceed to file bundle.

 

We are confused by what it's asking us to agree to. The previous 2 bundles have not come with any such letter and given LDS track record we don't trust them. This is the first time they've asked us to email them too and I can't believe that assuming agreement if no response is given by 2pm today, when the letter has only arrived today can be right.

HELP PLEASE!:confused:

 

Just as well that you get your mail in the mornings--ours arrives around 3.30pm!

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Alphageek

Alphageek

Posted
Posted

You have probably replied to them by now, but I would have changed just one thing.

 

Furthermore I have drawn the attention of the court to your conduct.
Cheeky beggars!

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Patma

Patma

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Just as well that you get your mail in the mornings--ours arrives around 3.30pm!

 

My mail comes around then too. Hey you don't live in the same sleepy village as me do you?:)

Fred is a townie luckily for him so gets his post about 10 oclock. I bet they were hoping he would be out when it came, miss the deadline and do nothing about it.:rolleyes:

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Patma

Patma

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You have probably replied to them by now, but I would have changed just one thing.

 

Cheeky beggars!

Yep they got their reply before 2pm, but to be honest they probably read it first on the thread because there were plenty of guests looking in I noticed.;)

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Patma

Patma

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Fred has just rung me to say that Lyons Davidson's bundle has just arrived and he's quite pleased with it although he's not saying why. He says I'll have to wait till I get over there to see it.;)

 

He did tell me though that Lyons Davidson have applied for a stay in the proceedings to delay the hearing of 17th November on the grounds that Mr Dexter (Director of Finance Plymouth College of Art) cannot attend then.

We're a bit puzzled whether that means he is coming as a witness, because we've written to Lyons Davidson twice to ask them if they intend to call witnesses to please inform us as to who they are, but they have completely ignored the request.

It will be interesting to see what the court's response is.

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JonCris

JonCris

Posted
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If they are claiming he's a witness & not the claimant remember there is no property in a witness & if they have identified him as one then you are also permitted to interview him & obtain a statement of the 'facts'. He will almost certainly refuse but you can then bring this to the attention of the court that the witness refused to cooperate thereby tainting his 'evidence'

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Patma

Patma

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If they are claiming he's a witness & not the claimant remember there is no property in a witness & if they have identified him as one then you are also permitted to interview him & obtain a statement of the 'facts'. He will almost certainly refuse but you can then bring this to the attention of the court that the witness refused to cooperate thereby tainting his 'evidence'

Hey wow, thanks for that JonCris.

We need to find out then whether he is actually attending as a witness and if so we'll go for it. Presumably we would also be allowed to question him if he does give evidence on the day?

He has already made witness statements about which we've complained to the court as they contain false statements made with statements of truth.

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JonCris

JonCris

Posted
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Of course your allowed to cross examine but remember its an art. Don't steam in. Having read the evidence & any statements made by him & where there are discrepancies get him to confirm one version before confronting him with the other. I'm a about an hour away from Plymouth would you like a tutorial in advocacy :D

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foolishgirl

foolishgirl

Posted
Posted
I'm a about an hour away from Plymouth would you like a tutorial in advocacy :D

 

Gosh, there's an offer you can't refuse Patma!

 

Wish I lived near Plymouth JC :p

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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bedlington83

bedlington83

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When the latest order came from the court, yet again keeping the defence and counterclaim in limbo Fred objected to the order and wrote complaining to the court, to which he received a reply saying that in view of his comments the matter would be dealt with by a different Judge.;)

On the face of it this might be very very good news. Please tell me that "the matter" is the whole matter (in the sense that courts/judges/legal people generally refer to the case/claim etc as "the matter") rather than Fred's objection to the order...

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Patma

Patma

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Of course your allowed to cross examine but remember its an art. Don't steam in. Having read the evidence & any statements made by him & where there are discrepancies get him to confirm one version before confronting him with the other. I'm a about an hour away from Plymouth would you like a tutorial in advocacy :D

 

YES PLEASE!:D

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Patma

Patma

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On the face of it this might be very very good news. Please tell me that "the matter" is the whole matter (in the sense that courts/judges/legal people generally refer to the case/claim etc as "the matter") rather than Fred's objection to the order...

That's a good question, Bedlington, but we don't know the answer .

We're certainly hoping it means the whole matter. The court staff have all got PHDs in speaking ambiguously:confused:

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Patma

Patma

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If they are claiming he's a witness & not the claimant remember there is no property in a witness & if they have identified him as one then you are also permitted to interview him & obtain a statement of the 'facts'. He will almost certainly refuse but you can then bring this to the attention of the court that the witness refused to cooperate thereby tainting his 'evidence'

 

I'm not entirely clear still whether Dexter is a witness or not. On the application for a stay, it refers to him as the representative of the College, but he has however produced a number of witness statements.

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Patma

Patma

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The gentleman at Lyons Davidson who sent the letter giving Fred less than 4 hours to agree the contents of their court bundle index has sent a rather tetchy email today in response to Fred's.

Here it is.......

 

Mr Fred,

I note your actions

 

The purpose of my sending you what I stressed at the time and now again was the draft index was for parties to agree the content of the same before we put it to the Court to assist its understanding of the claim and to allow it to pass judgment

 

Had you asked for any additional documents we had omitted we would have considered the same before filing a single, agreed bundle. You have unilaterally taken a step that will cause confusion at Court, delay and further expense to all parties

 

The Overriding Objective is on co-operation between parties on such matters

 

I am now obliged to file my own bundle which means the Court will have to duplicate its reading

 

Your step, without consultation, was not well-judged

 

I reserve the right to bring this and my previous correspondence to the Court's attention on costs

 

Yours sincerely,

......................

Oh dear, somebody's not happy tut tut. Now if this was a legitimate worry about costs, why didn't they suggest this with their previous two bundles and why leave it till the very last minute when Fred's bundle was already prepared to suggest we share one.

It couldn't have anything to do with a sneaky false statement hidden in their bundle could it? One which alleges falsely that Fred has admitted to causing criminal damage.

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Patma

Patma

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I am now obliged to file my own bundle which means the Court will have to duplicate its reading

Oh dear this poor Lyons Davidson man must be so stressed he's forgotten that their court bundle was already filed with the court on Monday and Fred received it today before our tetchy friend had even written his email.:p

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wobbly

wobbly

Posted
Posted

Hi Patma,

I see from an earlier post they admitted that the barrier was faulty,did they elaborate on the fault?.The normal thing to do when a barrier is faulty is afix a notice to that effect or remove the arm.i realise time is getting short but as they have now admitted which type of barrier it was it could be an idea to check with the makers what effect it would have on the barrier if it was manually raised if you havnt already.I have repaired numerous barriers and manually raising them has never caused damage to any I have come accross.any news from TLD?.

Wobbly

Living in the wild windy west of Ireland

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