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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.

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      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.

Mbna 'agreement' - now threat of legal action

underdog13

By underdog13
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WelshMam2009

WelshMam2009

Posted
Posted
Hi Sunflower,

Just above the signature box it does actually say t's and c's overleaf. I do notice the different postcodes, but what is the significance?

 

MA

 

Your eyesight must be better than mine then MA as I can't read anything!! ;)

 

Just checked my agreement to see if I have any postcodes on back, but nothing in my case. However, in my declaration, saying that I wanted a card etc, I did notice that they referered to "receiving a copy of the terms and conditions" as opposed to them actually being on the back.

 

Does yours say anything like that SF?? (Sorry, but the print is really too small for my tired eyes!!) :p

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

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sunflower99

sunflower99

Posted
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Hi Welshmam

Mine only had one post code on front i believe! I will have to look at my MBNA application form they state is an agreement again but to answer your question!In my case like you they are trying to get away with saying on application form that some of my ts and cs on a seperate document .and just implying but not actually saying that the aplication form has an overleaf by photographing the front application form side on one side of paper and the second page they are trying to imply is overleaf on other side of paper,They presented it like this both in my S78 and SAR request ones but funnily enough when Restons sent me another copy in response to third request for court they sent it as two seperate pages

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Mightyacorn

Mightyacorn

Posted
Posted
Hi Sunflower,

Just above the signature box it does actually say t's and c's overleaf. I do notice the different postcodes, but what is the significance?

 

MA

 

 

Whilst on the subject of signatures, doesn't it have to be signed by them as well?

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

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the_shadow

the_shadow

Posted
Posted
Whilst on the subject of signatures, doesn't it have to be signed by them as well?

 

to make it a proper executed agreement it should be signed and dated by them, this can be in the form of a stamp though.

 

S.

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odezi

odezi

Posted
Posted
TBH I can't fathom how those two documents are supposed to be linked ? Without a definite link from the signature page to the financial info. page it is toilet paper.

 

Many thanks for looking at the docs for me. I am planning to write to MBNA and inform them that they have not complied with my request to provide the true copy of the CCA.

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debbbbsy

debbbbsy

Posted
Posted

Hi,

Think I'll start making noises to them about my doubts of their documents authenticity - which I was all set to do a month ago before wasting time on a cr*ppy time wasting shark of a lawyer.:rolleyes:

 

Can you say, who was "Shark", sorry the Solicitor ?

 

Debs

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exchange

exchange

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Posted

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Link attached to get MBNA's practices noticed. Please sign.

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