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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Leeds Christmas Meet - 20th November 2009 - 6 pm - Wetherspoons - North Concourse, Leeds City Station

hilaryfrances

By hilaryfrances
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caro

caro

Posted
Posted (edited)

Would love to come but can't make that weekend of 20th. 13th November is a definite maybe.

 

I believe there's a Jury's Inn in Leeds, and the one in Birmingham wasn't at all bad.:)

Edited by caro
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caro

caro

Posted
Posted

I can't guarantee I could make 13th, so if 20th November is better for most peeps it may be better to leave it at that, and I might have to give this one a miss.:(

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caro

caro

Posted
Posted

Ok, as I seem to be the only one who can't make it.....

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caro

caro

Posted
Posted
good idea, should we arrange a "meet" for that?

 

The Caro kidnap meet

 

I like this.:D

 

pmsl how many can we fit in before christmas :eek::D

:eek:

 

...We'll meet U outside the front entrance of the castle. ;)

:D

 

Methinks U is trying to lose peeps!!:rolleyes:

 

Seriously, this is one of the few weekends I couldn't make before xmas, as DD is home from Leeds Met that weekend (oh the irony :(:()and I can't go to Oxford, so if anyone is up for another meet somewhere I'd love to meet some new faces.

 

Anyway I need to buy the old bat a drink. :p

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caro

caro

Posted
Posted
lol, not so much of the old....oh I dont know, perhaps you are right!

 

:eek:

 

Get your mind out of the gutter woman :p

 

I can say what I like about you now cos I ain't coming so I haven't got to face you.:D

 

Where's me running shoes?

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caro

caro

Posted
Posted
In the boot of your car with your........ :rolleyes::D

 

I'm sure I don't know what you mean.:mad:

 

Are you taking you B* thingy with you?:D

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caro

caro

Posted
Posted
Yep of course i never leave home without it :eek::D

 

Tart!!:eek::lol:

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caro

caro

Posted
Posted

I'm not the one who been doing the thingy woman so if anyone needs to wash their mouth out it isn't me.:p:eek:

 

I really must go cos I got things to do!!

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caro

caro

Posted
Posted

I'm out of here!!:D

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caro

caro

Posted
Posted
subbing.....

 

That's very kind of you OD. I'll borrow a tenner if that's ok.:D

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caro

caro

Posted
Posted

Well if Overdone is doing more than just subbing I guess he'll be there, and then there's MilkTrayMan - allegedly. Not sure about angryandy. Normal thing is to sort a venue sooner rather than later but it has to meet the cagmeet criteria.

 

1. Cheap

2. Decent area for smokers

3. They're not fussy who they let in.:D

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caro

caro

Posted
Posted
:eek: :eek:

 

You speak for yourself woman :p

 

I'm not going though.:rolleyes:

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caro

caro

Posted
Posted

Don't worry I'm not coming anywhere near you!!:p

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caro

caro

Posted
Posted

Oops how could I have forgotten Mr Worried. Looks like there's going to be a good mix of people.

 

Still gutted I won't be there.:-(

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caro

caro

Posted
Posted
So are we caro...honest. :)

 

Still, there's no reason why U can't pop along to your local Oxford Meet + meet up with some fellow CAGgers there instead, is there? ;)

 

 

:D

 

Thanks MTM, but that one's a bit of a problem so I doubt I'll make that one either. Lots going on around that time being soooo close to Christmas.

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caro

caro

Posted
Posted (edited)
So start a Thread for a meet after Xmas, of your own particular choosing + post on that one.

 

 

 

:)

 

I might just do that.:-)

Edited by caro
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caro

caro

Posted
Posted
Maggie, Caggers are hardened boozers. They can start early afternoon and sit up til nearly breakfast without feeling any wind. Just prop yourself up beside Tilly and your safe as houses.

 

Speak for yourself! Mind you, that's why I've had to bow out of this one. I just can't keep up the pace.:rolleyes:

 

Fast car revved up ready and waiting for caro to beat hasty retreat before tilly and OD catch her!!

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caro

caro

Posted
Posted
You saying i is pish head missus :mad::p:D

Nooooooooo *fingers crossed behind back:rolleyes:

oh and has you keys to this fast car :rolleyes::lol::p

 

They is in the ignition.:x:rolleyes::p

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caro

caro

Posted
Posted

In case you get peckish later apparently Greggs is still open in Leeds at 2.30 in the morning.:p

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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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caro

caro

Posted
Posted
I speaky london lingo ;):D

 

 

That's all very well but do you understand t'Yorkshire?

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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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  • 2 weeks later...
caro

caro

Posted
Posted
Sorry can't reply at the moment. Seem to have got my tongue stuck in my cheek! Anyone got any brandy?

 

Brandy? More like a bottle of meths in a brown paper bag from this lot ot reprobates methinks.:p

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caro

caro

Posted
Posted
we have been trying to keep it secret

 

A bit late for that dear! :D

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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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caro

caro

Posted
Posted

You may be able to get a National Express funfare National Express Coach // Coach seats from just £1 each way

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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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caro

caro

Posted
Posted

Don't forget about free bus passes for the over 60's. :-D

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caro

caro

Posted
Posted
:eek:

 

You got yours through then :rolleyes::p

 

Now let me think which of us is older .... eeermm ... oh yes it's you.:rolleyes:

 

I take it you've got yours then if you're even thinking I'm anywhere near old enough. :D

 

I am thinking of taking the railways to court cos they're discriminating against over 25's who are under 60, don't have little kiddiewinks so can't get cheap train fares.:-x

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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