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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Ell-enn

Ell-enn

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Hi there, I can help you today - I'll draft something and let you have it this morning. I'll need you to answer some questions at some point, are you on line this morning?

 

Kind Regards

 

Ell-enn

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ole

ole

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Thank you Ell-enn, i will be on line some of the day, i have to take my son to college and go shopping, but thank you for your reply i will speak to you later.

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Ell-enn

Ell-enn

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Hi there, just a few questions:

 

Did the financial advisor sent by your lender leave you any written confirmation of his recommendation of £100.00 towards the arrears?

 

Do you have any correspondence from the lender refusing the offer of £100 ?

 

Kind Regards

 

Ell-enn

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ole

ole

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Hi Ell-enn, no the financial adviser did not leave any correspondence but i have his name and phone number.and yes i do have a letter refusing the offer of £100.

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Ell-enn

Ell-enn

Posted
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Did Kensington send you a letter telling you that they were sending an advisor? and if so do you have it?

 

Did the advisor do a budget sheet? if so what happened to it?

 

When did you last make a payment and when will the next payment be?

 

Nearly there:) - sorry about all the questions....

 

Ell

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ole

ole

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Hi i still have the letter, the advisor did do a buget sheet but took it with him, and i made a payment of £1000 on 30th May by debit card.

The next payment is due on the 30th June, but they want me to pay an extra £70 on monday the 9th of june and they will apply for a suspended order. Thanks.

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ole

ole

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Hi Ell-enn, just a quick question do i make payment of £70 as kensigton want or should i just pay£1000 on the 3oth june.i have got the £70 so will it look good to the judge if i am paying extra.

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Ell-enn

Ell-enn

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Hi, if you are absolutely sure you can afford an extra £70 then go ahead - but, if you have any doubts at all about being able to pay that for the foreseeable future then stick to your original offer of £100 per month (and advisor's recommendation). If you were unable to pay £170 per month in the future after agreeing to it in court, Kensignton could apply for eviction as you would have breached the order. Just something to think about.

 

Once you get the court order finalised for £100 per month you can pay extra as and when you can afford it after that.

 

Kind Regards

 

Ell-enn

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ole

ole

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Hi all, received court papers dated the 28th May, by what date do the defence papers have to be returned to the court and should i take them in of send them in the post.

Thanks.

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Ell-enn

Ell-enn

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Hi there, the forms should normally be returned within 14 days of receipt. However, they will usually accept them any time before the hearing - within reason. It's best to take them to the court if you can, or send them recorded delivery, that way you know they have definately got them.

 

Kind Regards

 

Ell-enn

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ole

ole

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HI all, received a letter from kensingtons solicitors 13.6.08 with there statment for the court case in July stating that the court ask the claimant for possession of the property, is there still a chance they will go for a suspended order and should i wright to kensington again offering £100 to pay arrears even though they have refused in the past to accept it.

I have sent the defence papers back to the court, nearer the time do i do a statment as well.

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Pat-Uk

Pat-Uk

Posted
Posted

PLEASE CONTACT ME ASAP via PM or Email, your situation sounds so much like mine and I got through it and managed to keep my home.

 

I will do my utmost to help you out, if my past experiance is anything to go by then i'm sure I can help.

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elliesnan

elliesnan

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HI all, received a letter from kensingtons solicitors 13.6.08 with there statment for the court case in July stating that the court ask the claimant for possession of the property, is there still a chance they will go for a suspended order and should i wright to kensington again offering £100 to pay arrears even though they have refused in the past to accept it.

I have sent the defence papers back to the court, nearer the time do i do a statment as well.

Hi ole yes Ell-en will no doubt help you with a statement to take with you and pls don't worry you will be fine!

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Ell-enn

Ell-enn

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Hi there, I would advise getting there at least half an hour before. This will give you time to sit and read through your statement and get a feel for the place. I'm sure you will find the court staff friendly and helpful - you might also find that there is a duty solicitor or representative from the CAB who may be able to accompany you into the hearing.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

I'd like to think the judge will know the Norgan case, but if you feel more comfortable taking a copy with you then do so. You could affix it to your statement but you will need to add a reference. In the bullet point where we have referred to the Norgan case insert "Please see Appendix 2. Then write Appendix 2 on the top right hand corner of the sheet and the claim number on the top left hand corner.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

Here you go.....

Help us to keep on helping

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Ell-enn

Ell-enn

Posted
Posted

You're welcome, chin up - it'll soon be over and you will be able to relax.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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ole

ole

Posted
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Hi everyone, got a suspended order, the duty solicitors at the court did all the talking, the judge also reduced our payment from £100 per month to £80 per month. thank you all for your advise and good wishes, but a big thank you goes to Ell-enn, who has helped me alot.

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