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By Unknown2024 · Posted
Okay thanks, I will get this uploaded ASAP so that you can see the evidence along with the arguments which were made at the time. It is also worth noting at this point that besides the discount / deposit argument, I had further arguments on whether or not the deposit (the part exchanged vehicle) should fall under the 'advance payment' section of the agreement or whether the agreement was improperly executed, whether this then made the default notice which was issued unenforceable, then whether the finance company used the police to recover the car when they were in fact in breach of S90 of the CCA1974, along with other pieces of legislation such as the CC(A)R2010 and the consumer rights act 2015 VWFS redacted_copy-compressed.pdf Okay here's the agreement and some of the vehicle order documents to give you a start on reading through some of the details -
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why? do you not want to show genuine remorse face to face to the judge? it cant hurt you, nor cost you. also... -
please do read upload carefully and use the online sites listed too. one mass PDF pref though each can se split and well merge. anything and everything we dont mind, but please ensure you delete YOUR DETAILS. account/CCJ/etc numbers. just make it so 'they' cant find you here. please ensure you leave all dates £figures mind! dx
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thanks ftmdave.thats very reassuring
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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
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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.
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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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