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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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Not taking phone calls - prejudicial?


MikeBigg
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Hi,

 

I have stopped taking phone calls from the banks and DCAs - I refuse to answer the security questions and insist on everything in writing.

 

I can't help wondering whether this may count against me should anything actually get to court.

 

I've seen the template letters which state law for why one shouldn't be called - harrassment, use of equipment etc., but reports indicate that the letters aren't very effective.

 

So, I've been thinking of another tack - that is writing a letter with reasons why I can't talk about the issues on the phone.

 

The reasons may include:

o I wouldn't have the paperwork to hand in order to answer the questions accurately

o I wouldn't have time to properly consider my answer

o I wouldn't have time to take proper advice regarding my answer

o I'm concerned that the summary write-up that would be done would not accurately reflect my sentiment - especially as it would be a summary

o I'm a little slow of thought (sadly, true) and wouldn't want this to work against me.

 

Is it worth writing a letter to the dcas explaining that I won't accept their phone calls because of the above, but that I will accept their questions by post?

 

I know it won't stop the calls, but should something get to court, should they acuse me of being uncooperative, would having that on file assist?

 

Opinions welcome, but be kind - I'm feeling a bit delicate about money stuff at the moment.

 

Regards,

 

Mike

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Phil and supasnooper,

 

thanks for your replies, but I don't think either of yuo have addressed the point I was making.

 

I don't talk to them on the phone and I'm sure that their calls and harrassment will continue.

 

I'm concerned that my refusal to talk to them on the phone could be used against me should it be taken to court, so wondered whether it would be worth getting something if the file which explains my actions.

 

Regards,

 

Mike

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So long as you remain in contact with them you are entitled to use any means of contact which you consider appropriate.

 

The only time a refusal to speak on the phone could count against you is if you also refused to reply in writing or by email.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Phil and supasnooper,

 

thanks for your replies, but I don't think either of yuo have addressed the point I was making.

 

I don't talk to them on the phone and I'm sure that their calls and harrassment will continue.

 

I'm concerned that my refusal to talk to them on the phone could be used against me should it be taken to court, so wondered whether it would be worth getting something if the file which explains my actions.

 

Regards,

 

Mike

 

In my opinion , your refusal to discuss matters on the phone would have absolutely No bearing or inference on any court proceedings . In fact if you have refused to answer any 'security ' questions , How could they show it was you refusing anyway, third parties often answer my phone and will only respond to questions in Anglo-Saxon . I really would not worry about it , the phone calls and lying letters stating Your"refusal to communicate" are deliberately designed to undermine and intimidate you on a low tap dripping level . if you are communicating with them in writing , what more is there to say , and what advantage to you to say it . A written letter demands a written reply to address the issues in the letter . Keep your chin up .

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That's great - it all makes sense - thanks.

 

Regards,

 

Mike

 

I am glad , to be belts and braces there is nothing wrong for your own piece of mind attaching to your next correspondence some of the points in your first post . they do make sense .The no. of times when i did speak to corporate phone jockeys they tried to put words in my mouth "so you are REFUSING to make a payment etc." or by badgering tried to get me to conform to their points was most irritating and in fact incorrect , but you can bet thats what was in their screen notes .

To reiterate , no need in itself but no harm done if appended in some way to your next response , no need for too much detail however on that point .

From my own experience , unless I am repeating myself , I like to bat a letter back enclosing photocopies of my previous correspondence and copies of recorded delivery receipts, showing by track and trace they had my previous replies whenever i get a letter . This way I feel in control and on top of it and my folder sleeves can demonstrate chronologically that no parry goes unanswered .

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