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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.
      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
    • 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.mp4


       

       

       

      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies

£25 charge for 40p short on DD.


swisstoni
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Hi all,

i've just received a letter from the Alliance and Leicester saying a DD has not been paid for £10.40 due to the fact there was only £10 in the account. For this they are due to charge me £25 in due course. It was an oversight on my part as it's a new account and I wasn't expecting the DD to be collected so soon. Can they justify this charge for the sake of 40p and do you think I could get it back if I spoke to their customer services??

 

Swisstoni

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Hi all,

i've just received a letter from the A+L stating that a DD for £10.40 has been returned due to there being insufficiant funds in the account. When I checked, there was 40p short! They will take the £25 charge in due course and i'm sure they will take that from the account whether the money is there or not! Is there anything I can do to stop this, I'm on a debt management plan and I just don't have the £25 spare. Any help would be appreciated.

 

Swisstoni

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Yes you should speak to them.

Is there any reason why they should have been suspicious of you or imagined that you wouldn't be good for the money?

How new is the account? Have regaulr funds been going in?

Is it a basic account?

 

Ask them nicely and explain the situation to them and see if they want to play fair.

If they don't, come back here.

Don't talk to them without recording your call.

Get a call recorder

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