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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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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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Restons/MBNA Issued Court Claim **ROUND ONE TO SF**


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So folks could someone tell me if i should include the point mentiomed above quote in mt AQ form? i would be grateful for advice about whether to include extra paragraphs as to what i found wrong with CCA?Thanks

 

Hi Sunflower

Dont use the AQ to argue your points keep it simple and fact as you state you will have chance to argue later in your WS ,should the matter progress that far.

 

Regards

 

Andy:wink:

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Hi folks

Just wanted to double check and ask you if this is ok to send attached to my AQ form as a reponse to section I ,In the end when i printed out the above it ran into two pages! I headed each paper with my claim number and all the other court ref numbers and ref of court it been transferred to plus of course listing Defendands and clamaint names .On the second page i also put a heading -Section I Other Information Countinued Draft Order For Directions as the second page had the specfic Draft Order Directions On it, Also should i sign and date each page i am attaching to AQ form? some people not sure but said maybe i should but i thought as i dont have to sign and date all the pages on original AQ form apart from vey last page i would have though just heading up each seperate paper with my all my court claim references would be good enough but just wanted to check,Also i been told it a good idea to head each attached paper Defendant copy?So main question is do i sign and date the attcached extra paper i am clipping onto AQ form papers?:) and is everything ok as i am hopeing to get this all sent off today once i am happy with all paperwork

 

Just attach them to the AQ and refer to them in "other" as appendix

I would lose the bold Sunflower in the Directions dont want apper to be telling DJ how to suck eggs,wouldnt want you to get you off on a bad start.

 

Regards

 

Andy

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  • 4 weeks later...

Hi Sunflower

 

Have they served you with their Witness Statement in support of their application?

 

Regards

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Check with your CC they should have made one and left you in the dark.You will have to prepare one in opposition to their application and serve it not less than 7 days before the hearing.Need to see theirs though, if they have done one, before drafting yours.

 

Andy

Edited by Andyorch

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If you look at the n244 above its the last instruction hence my question where is theirs.Its courtasy to provide you with the actual WS but not a provision for you to include the Court

 

 

Andy

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yes always worth the check.It seems strange if they havent because they will rely on witness evidence to support the application.I accept their is a lot of wording in the actual application but that is not signed as truth hence the WS.

Your WS in objection will be based on theirs so you will struggle if you dont get one

 

Andy

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  • 1 month later...

Well done Sunflower juicy details??????;)

 

Andy

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