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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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    • 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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      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.

Bookie and DLA... ***WON***

Bookworm

By Bookworm
in Special needs, Disability etc

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caro

caro

Posted
Posted

Go tell 'em how it is missus.

 

Everything's crossed for you and T.;)

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Bookworm

Bookworm

Posted
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Posted

Well, so much for 1/2 hour hearing, I was there for over 2 hours!!! :shock:

 

And the result?............. Adjourned. I kid you not.

 

Apparently, the huge amount of case law, testimonies from school, family friends, people who do actually know my son and my own 6 pages statement comprehensively demolishing the DWP's case isn't enough if there isn't a Dr's report... :-|

 

Well, yeah. Apart from his autism, T. is actually very healthy and hasn't been seen by the GP for years. What am I supposed to do, take him there once a year so they can confirm he is still autistic? :rolleyes:

 

Anyway, I pointed out that a CAMHS appointment in our area would take between 18 and 24 mths, possibly longer, and that the Ed psych for the LEA wouldn't be interested in following him up since he is in private school, so what to do? Eventually settled on asking the Ed psych from the private school (who has after all known him for nigh on 4 yrs) for a report, meanwhile, I must still get the CAMHS referral in action, and I must keep a diary of his meltdowns to document the when, how, why etc... Of course, the problem is that we actually seldom take him out precisely because of the behaviours, so it seems we are going to have to take him out more often and distress him and us so that we can document his distress... Oh-hum.

 

The goods news is (yes, really!) that they didn't just toss the case out, which is I think what they intended to do in the first place, so here's hoping and waiting some more. :-( Who said it was ever easy, hey?

 

signed: an absolutely shattered Bookie who's going to go for a long nap before she falls asleep on the keyboard. :-)

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babybear39

babybear39

Posted
Posted
Well, so much for 1/2 hour hearing, I was there for over 2 hours!!! :shock:

 

And the result?............. Adjourned. I kid you not.

 

Apparently, the huge amount of case law, testimonies from school, family friends, people who do actually know my son and my own 6 pages statement comprehensively demolishing the DWP's case isn't enough if there isn't a Dr's report... :-|

 

Well, yeah. Apart from his autism, T. is actually very healthy and hasn't been seen by the GP for years. What am I supposed to do, take him there once a year so they can confirm he is still autistic? :rolleyes:

 

Anyway, I pointed out that a CAMHS appointment in our area would take between 18 and 24 mths, possibly longer, and that the Ed psych for the LEA wouldn't be interested in following him up since he is in private school, so what to do? Eventually settled on asking the Ed psych from the private school (who has after all known him for nigh on 4 yrs) for a report, meanwhile, I must still get the CAMHS referral in action, and I must keep a diary of his meltdowns to document the when, how, why etc... Of course, the problem is that we actually seldom take him out precisely because of the behaviours, so it seems we are going to have to take him out more often and distress him and us so that we can document his distress... Oh-hum.

 

The goods news is (yes, really!) that they didn't just toss the case out, which is I think what they intended to do in the first place, so here's hoping and waiting some more. :-( Who said it was ever easy, hey?

 

signed: an absolutely shattered Bookie who's going to go for a long nap before she falls asleep on the keyboard. :-)

 

You have my utmost and heartfelt sympathy.

 

I cannot get any help re: AS.

 

I get lower mobility and diasability premium for IS for my agoraphobia.

 

NOTHING for AS, severe PTSD, severe IBS, arthritis, OCD, dyspraxia and dyslexia and a million and one other things :|

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caro

caro

Posted
Posted

Well at least you're still in there fighting and they're still listening. A positive result would have been better but this is the the next best thing IMHO.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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skegleg

skegleg

Posted
Posted
Well, so much for 1/2 hour hearing, I was there for over 2 hours!!! :shock:

 

And the result?............. Adjourned. I kid you not.

 

Apparently, the huge amount of case law, testimonies from school, family friends, people who do actually know my son and my own 6 pages statement comprehensively demolishing the DWP's case isn't enough if there isn't a Dr's report... :-|

 

Well, yeah. Apart from his autism, T. is actually very healthy and hasn't been seen by the GP for years. What am I supposed to do, take him there once a year so they can confirm he is still autistic? :rolleyes:

 

Anyway, I pointed out that a CAMHS appointment in our area would take between 18 and 24 mths, possibly longer, and that the Ed psych for the LEA wouldn't be interested in following him up since he is in private school, so what to do? Eventually settled on asking the Ed psych from the private school (who has after all known him for nigh on 4 yrs) for a report, meanwhile, I must still get the CAMHS referral in action, and I must keep a diary of his meltdowns to document the when, how, why etc... Of course, the problem is that we actually seldom take him out precisely because of the behaviours, so it seems we are going to have to take him out more often and distress him and us so that we can document his distress... Oh-hum.

 

The goods news is (yes, really!) that they didn't just toss the case out, which is I think what they intended to do in the first place, so here's hoping and waiting some more. :-( Who said it was ever easy, hey?

 

signed: an absolutely shattered Bookie who's going to go for a long nap before she falls asleep on the keyboard. :-)

 

oh bookie,

sorry this isnt sorted yet,

what on earth are they playing at ?:mad:

it makes me so mad that people have to go through all this and yet there are people out there that think these benefits are just handed to you and all you have to do is apply for these things and you get them

it makes my blood boil

keep on fighting them and keep strong

skeg xx

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  • 2 months later...
Bookworm

Bookworm

Posted
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Posted

Time for an update.

 

Got a date for tribunal on December 3rd.

 

I kept a diary as requested and am about to send that in to add to the file. I have received a copy of T's medical records which, as expected, show nothing very useful, and just show that once we had him in a SEN school, they were quite happy to discharge him. Also received copy of the MDT at his school, suitably bland and neutral the way those reports usually are. My job will be to show the tribunal what lies between the cracks, the traffic light system put in place for example to deal with his behaviours, which shows the excesses for what they are and how difficult it is for the school to cope as well.

 

One thing the diary shows is how unpredictable his behaviour is, and how there is no pattern to when he goes in meltdown, and how neither the school nor us can see it coming at times. I hope that will help giving the tribunal a true picture. We will see.

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groovycaz

groovycaz

Posted
Posted

OMG, this has been going on forever Bookie, I've just received Sams new DLA pack, I hope i dont have the sane carry on as last time but no doubt another fight on my hands is looming...if its not to get him the care he needs in school, its the financial benefit he's entitled to, to help with his care, they try to take it all away, in one way or another:confused: Gc...Good luck with your fight:confused:

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SENDozer

SENDozer

Posted
Posted
Yeah well, I won't count those chicken just yet, CG. They're certainly making me work hard for it, that's for sure, presumably because I don't work hard enough for and with my kid as it is. :rolleyes:

 

Oh, clearly you're just bored and attempting to fill your otherwise empty days in the west wing of your DLA-funded mansion with a bit of frivolous litigation.... :p

 

I think I'll attempt to relieve the tedium by indulging in a long drive in the ole motability Roller now... :rolleyes:

 

All my fingers & toes crossed for you on the 3rd December, Bookworm.

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Rooster-UK

Rooster-UK

Posted
Posted

Well done, Bookie. ;)

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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The GodMother

The GodMother

Posted
Posted

bookie when ur over the shock can u tell us more.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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caro

caro

Posted
Posted

They obviously couldn't work out any other way to get rid of you! :-D

 

Congratulations!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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locutus

locutus

Posted
Posted

Wow must be a big sum of money (if it's keeping bookie quiet :lol: :lol:)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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