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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Query on solicitors fees


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First of all I hope this is in the right section. If not i'm very sorry.

 

 

 

We are in the process of buying a house and we've just got the sols fees through: £1152.65 icon_eek.gif

 

All he's done so far is:

 

.Post 1 letter to me

.Phoned the other sols twice (who by the way is just across the road from him!)

 

He's also added stamp duty, which we wont have to pay. So the total is £2772.65

 

Is this about right or am I having the micky taken out of me?

 

Oh and this has only been over the past week, as the house is pushing through really quickly.

 

Would appreciate any advice please

Thanks

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did you check the fees beforehand?

 

was it a fixed a fee or did you receive a quote on dependant on how much work is involved?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Sorry Idainfife have just got back on.

 

Everything has gone so fast, because the sellers are desperate to sell the house. So we were told that they wanted . verbal conformation within 2 days from us showing interest. written conformation within 10 days after that. So its been kind of hectic. We didn't search around for solicitor as the legal firm that are the sellers had recommended them :|

 

It was a fixed fee, which I understand now this is what they charge in Scotland. He is certainly laughing all the way to the bank with us, as everything should be wrapped up next week :-x Do you know if we can challenge this fee, as he has hardley done any work?

 

Thank you for your reply and the link. I'm just off to look at that now :)

 

Maisey

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I think it is harder with a fixed fee but i think in the linkit gives advice if you do not agree with the fees

 

Ida x

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Many, many thanks Ida x :)

 

Particularly as its a fixed fee I doubt you will succeed in disputing it no matter how much work you think they have or haven't done. If there had been complications causing the lawyer to work harder & longer they would have still only been paid their agreed fixed fee

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