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scan it up to pDF dx -
Ok not sure regarding the section 20 notices helping.In the defence we have put the claimant under strict proof that the monies were legally demanded by way of section 20 notices so more on them to provide ? Are the 4 documents that I have listed sufficient do you think ? They are in line with the defence. How should the wording be when I list them on the N265 ? In terms of completing the form we fill in the claim details. We don't know for sure the court as we haven't heard from the court yet. We only have draft directions from the claimant. -
scan everything up to one mass PDF please i will suspect just like the other Paypal EU threads, PP terminated the account upon sale to lowells, so they cant issue a new DN, there was no agreement in force. dx
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Thats one point...... but stick to the default issue there is obviously smoke and mirrors here which they are trying to conceal. -
org slc t&c's use that FOS decision
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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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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.
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.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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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