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I suppose so not sure if you will have any success. -
By LouLouDev79 · Posted
Hi Andy Attached is the redacted copy. Relief from Sanctions copy_Redacted.pdf -
Yep. So can i just submit my skelton and then Claim form and WX and that will suffice to meet the criteria of statement of case? -
off to/update the FOS regardless. remember to point out the FOS considered it a personal loan not B2B as you signed a PG. did the SAR come? dx -
A copy of your skeleton and/ or fresh in-depth statement (along with your previous witness statement).You are aware that in appeals against judgments its pointless just duplicating everything already presented in your initial claim you have to be able to prove a procedural error or error in law and that the the judge has failed in one of those aspects of the claim ? What a judge awards or determines is at his discretion
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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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