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Great to hear that they did the right thing (eventually) Mick, If you haven't done so, could I please ask you to consider a donation to CAG? We're all volunteers here and depend entirely on donations to cover overheads for hosting and maintaining the website. Thanks. -
By unclebulgaria67 · Posted
Banks have legal responsibilities to offer assistance to those who will get into financial difficulties that will lead to hardship. So you should contact Banks to advise of change of circumstances before you get into default position, so with the Banks help you can manage the finances in the best way possible. The FOS website has some useful information Financial difficulties WWW.FINANCIAL-OMBUDSMAN.ORG.UK How you can help customers who are in financial difficulty, and how we handle complaints about this. -
Keep an eye on that one in the future then! You never know, but this might well have swayed the judge a bit as well...😅
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By Kahunaburger · Posted
Document_2024-06-03_094820.pdf Hi, Thanks for your response. I have attached the letter. -
Hello, You can't make EVRi investigate something. The only thing you could potentially look to do is take EVRi to court for the value of the lost parcel, however with a value of only £25 there will be limited point to doing that.
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If you are buying a used car – you need to read this survival guide.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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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