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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.

HELP!!! Eviction notice for Oct 27... **SUCESS REVOKED**

jlloyd

By jlloyd
in Home Repossessions - successes

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Ell-enn

Ell-enn

Posted
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Can you print off proof of the payment you made? you will need to take that to court and also a copy of the letter you sent to them - I can draft you another statement to take to court with these documents affixed, you can then hand it to the judge.

 

I assume you kept a copy of the N244 pack you handed into court - you should take that with you to refer to in the hearing.

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Ell-enn

Ell-enn

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Hi, yes I haven't forgotten will let you have it tomorrow if that's OK, been a bit tied up this evening.

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Ell-enn

Ell-enn

Posted
Posted

Hi, yes I haven't forgotten will let you have it tomorrow if that's OK, been a bit tied up this evening.

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

Affixed is the statement for Friday. You will need to enter the info at the top where there are XXX's and also put in the amount you paid last week (in the first bullet point).

 

Take a photocopy of the proof of payment and write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Also, make a copy of the letter you sent and label it with the Claim number and Appendix 2.

 

Assemble as follows:

 

Statement - signed

Proof of payment - Appendix 1

Copy letter - Appendix 2

 

This forms the pack to hand to the judge. You will need three separate copies of the pack (staple securely), one for the judge, one for yourselves and one for the other side.

 

When you get into the hearing, the judge will speak to you first as it's your application, when he/she has finished the introductions you should say "Sir/Madam, may I give you an updated statement" and then just hand it over, then pass a copy to the other side.

 

Don't forget to take a copy of the N244 along with you too. When you get to the court ask if there are any free legal advisors on duty (lots of courts have them on the days repossession cases are being heard). They can accompany you into court and support your case.

Jiloyd Statement 2.doc

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Affixed is the statement for Friday. You will need to enter the info at the top where there are XXX's and also put in the amount you paid last week (in the first bullet point).

 

Take a photocopy of the proof of payment and write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Also, make a copy of the letter you sent and label it with the Claim number and Appendix 2.

 

Assemble as follows:

 

Statement - signed

Proof of payment - Appendix 1

Copy letter - Appendix 2

 

This forms the pack to hand to the judge. You will need three separate copies of the pack (staple securely), one for the judge, one for yourselves and one for the other side.

 

When you get into the hearing, the judge will speak to you first as it's your application, when he/she has finished the introductions you should say "Sir/Madam, may I give you an updated statement" and then just hand it over, then pass a copy to the other side.

 

Don't forget to take a copy of the N244 along with you too. When you get to the court ask if there are any free legal advisors on duty (lots of courts have them on the days repossession cases are being heard). They can accompany you into court and support your case.

Jiloyd Statement 2.doc

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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jlloyd

jlloyd

Posted
  • Author
Posted

Thank you so much Ell-enn. I will let you know Friday how we make out. So do you suggest to get to court early? Our case is at 12:10, should we arrive at say 11:30 or so so we can speak with a legal advisor?

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jlloyd

jlloyd

Posted
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Thank you so much Ell-enn. I will let you know Friday how we make out. So do you suggest to get to court early? Our case is at 12:10, should we arrive at say 11:30 or so so we can speak with a legal advisor?

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Ell-enn

Ell-enn

Posted
Posted

You could ring the court tomorrow and ask if they have any advisors on Friday.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

You could ring the court tomorrow and ask if they have any advisors on Friday.

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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jlloyd

jlloyd

Posted
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Posted

Thank you Thank You Thank You Ell-enn for all your guidance! Santander wanted to continue with the eviction but the judge was satisfied with our case and evidense that we provided as to why we had the troubles and we had plenty to prove that we could continue making payments so she stopped the eviction!!!! THANKS SO MUCH!!!!:whoo:

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jlloyd

jlloyd

Posted
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Posted

Thank you Thank You Thank You Ell-enn for all your guidance! Santander wanted to continue with the eviction but the judge was satisfied with our case and evidense that we provided as to why we had the troubles and we had plenty to prove that we could continue making payments so she stopped the eviction!!!! THANKS SO MUCH!!!!:whoo:

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Ell-enn

Ell-enn

Posted
Posted

Great news - I'm so pleased for you, well done :)

 

Were there any free legal advisors at the court ? were you able to give the judge your up to date statement ?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Great news - I'm so pleased for you, well done :)

 

Were there any free legal advisors at the court ? were you able to give the judge your up to date statement ?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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jlloyd

jlloyd

Posted
  • Author
Posted

No, the free legal advisors had left for the day :( , we even arrived early at 11:20!!! And we didn't even have the opportunity to give the judge the updated statement. She was pleased with our 'concrete' evidence that we provided outlining why we became behind and now that we have more than shown that we can/will repay. we had 2 folders of supporting paperwork just in case. Being prepared was a BIG plus!!!! and for people going there in future... the other side will try and approach to make a deal... let the judge deal with it at that point!!! :)

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