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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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    • 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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My Claim was Rejected. Help!


MatMurray
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I may be over-reacting, but i need help.

 

 

I went on Money Claim this morning, and found this:

 

Judgement: Rejected.

 

"Your judgment request has not been accepted. You are unable to take any further action online on this claim."

 

Claim: Defence.

 

"You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

Is a normal part of the process? Has it happened to everyone else?

 

It's just that i haven't heard anyone else mentioning it, and i'm worried i may have mucked it up!

 

Any help will be Greatly appreciated!

 

Mat.

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Did you get this reply because the 14 or 28 days were up and you tried to get a judgement by default?

 

It may be that the bank have now filed their defence with the court, if so, you should receive a copy very soon.

:razz:the winner takes it all :razz:
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One of the things you tend to learn whilst using this site, is not to panic. Normally someone can give you a bit of advice, as a member has probably already been through the same thing.

 

If you have any doubts though, you can always contact moneyclaim and confirm with them the situation. I believe they have a contact number/email address on their site.

:razz:the winner takes it all :razz:
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