Announcements
-
-
Tweets
-
Posts
-
By Nurselayer · Posted
Well, turns out they can! I asked the judge if I could speak first as I said that I had serious concerns that they were going to present evidence that could prejudice the case against me and he refused this and said I'd have time to present my side of the case after the claimant had put theirs. He asked the claimant's representative to put their case and then asked him various questions about different elements of it, notably the Notice of Assignment, the absence of a proper court bundle and then Erudio's response to my CCA s.77 request. The judge asked for proof that they had responded in full to my S.77 request and when they couldn't provide evidence that they had, he ruled that the case be stayed until such point as they fully comply with the S.77 request. I did ask him to kick the case out due to the length of time that they've had to respond the s.77 request but he said that he felt that from the evidence that he'd read he thought that my defence on limitation was destined to fail and as such he would be depriving them of justice if he kicked it out. He refused to hear any more details of the arguments around limitation. I asked him to put a date where they had to comply with CCA74 by and he also refused to do this. I asked for him to award costs in my favour, and he did so. They now have to pay me £160 by 19th December. I cannot believe this is still going to be hanging over me, so not a loss but also not a win. It does feel like a loss as I truly believed this was going to be over one way or the other today. So, looks like you don't get rid of me that easily! -
The fashion retailer cuts its revenue forecasts as cost-of-living pressures hit spending.View the full article -
its for 02 to sort it out with dpd not alot you can do sadly dx -
we know northants bulk ccbc is going through a very big system change and a rename , and hane only just recently said they'd just updates case status to 4th oct, so your dq was sent after that date. if theres no update by friday i would email your dq to them. dx
-
Come time for presents, one product always rockets to the top of wish lists. How are these toys anointed as the year's must-haves?View the full article
-
-
Recommended Topics
-
-
Our picks
-
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
-
-
Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
-
-
Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
used car.mp4
-
-
Pizza delivery insurance
BankFodder posted a topic in Postal and Delivery Services,
Pizza delivery insurance.mp4
Parcel delivery insurance 1.mp4-
-
- 2 replies
-
-
-
Recommended Topics
-
style="text-align: center;">
Thread Locked
because no one has posted on it for the last 5035 days.
If you need to add something to this thread then
Please click the "Report " link
at the bottom of one of the posts.
If you want to post a new story then
Please
Start your own new thread
That way you will attract more attention to your story and get more visitors and more help
Thanks
-
Recently Browsing 0 Caggers
- No registered users viewing this page.
-
Have we helped you ...?
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:- 923 Finchley Road
London NW11 7PE
Recommended Posts