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By London1971 · Posted
And... Right on cue lol, arrived in the post this morning. Should I wait until I receive one from the court before doing anything? -
Will do @AndyOrch -
Retain all your paperwork with regards to trying to settle...come back if /when you actually receive a Letter of Claim or Letter before Claim. Edit I see they have actually issued one... come back if they issue a claim. . . -
Thanks @AndyOrch no official claim has been issued as yet. The solicitors stated that they 'have the paperwork ready' in case I don't / can't pay up. I have sent over a last attempt to settle but they seem to be playing hard ball. My offer isn't far off what they are asking for and the result of them not agreeing will mean a CCJ for me, but them getting their money many years when I submit my income/expenditure form (Just a part time job). Guess will have to wait and see. Thanks again
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Hello, Yes you do as HB said Ensure to include what went wrong (i.e it was lost) The amount claimed set a 14 day deadline
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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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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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