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Yes, I noticed that. Too much of a coincidence methinks! The OP says they never received a LoC and then in the CPR answer the solicitors say they hold a copy of the LoC but don't include it. I think the best thing is not to request a copy but use this against them in your WS - you never received LoC and indeed in their answer to your CPR request (included an an exhibit in the WS) they included various documents but not the LoC. -
Frustratingly I've got a voice WhatsApp message from my friend but he's misunderstood the situation and thinks it's you who wants to cancel. Anyway, I've answered asking if I can call him and hopefully the two of us will be free at the same time today to actually speak on the phone. In the meantime I found this on a page I think meant for people/businesses who have listings on Booking.com How can I communicate with guests to inform them about unforeseen issues at my property and initiate a cancellation? If you’re experiencing unforeseen issues and can’t accommodate your guests, you must report this to our customer service. They will support you with the cancellation request and relocation of the guests, if applicable. https://partner.booking.com/en-gb/help/reservations/changes-cancellations/handling-cancellations-and-guests-cancellation-requests#question-153182 So that's what the host should be doing.
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Hi ALl, Would appreciate some advice and support. I went to insure my car with my partner last night and they refused insurance. I checked my dvla license online and it stated I have been disqualified for 6 months. This is due to 2 driving offences that I failed to identify the driver. I moved house a year ago and completely forgot about changing the registered address. This went to court on 14th May 24 and was given a fine for both and 6 points each totalling 12 points and a 6 month ban. I have read a few things online and spoken to a couple of solicitors for a quick consultation and views and opinions are so varied. Some solicitors are charging extortionate money for something that I know takes 5 mins such as the statuary declaration. I am going to complete a statutory declaration today and get a solicitor to sign and submit this. But is this just delaying the inevitable? what's the likely hood of being able to overturn this and just pleading guilty to the original 2 offences and take the 3 points for each and a fine with no ban? Any help would be much appreciated, I have been sent the papers by the courts today so have this to hand. Looks like I'm only being charged for the failure to identify and not that and the speeding offence if that makes any difference. R -
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Again, in the second letter in post 39 upload, they say they "hold a copy of the letter of claim". BUT, they didn't include it... Hmmmm!
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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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