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    • UK citizens will be subject to the same rules as other Third Country Nationals. Keir Starmer to warn of 'major disruption' risk ahead of new UK-EU border checks | ITV News WWW.ITV.COM Ministers will announce measures to try to blunt the impact of the changes, writes ITV News Deputy Political Editor Anushka Asthana. | ITV National...  
    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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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.

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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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natwest and wescot - mizzwhippy


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Hi, Im adding to this thread!..I dont know how to use this site properly...but I have a question with regards to natwest and wescot....I had a big debt £5000 with natwest well it was a 5000 loan that they gave me about 5 years ago...I originaly went into the bank for a 1000 loan just to see me through xmas..i told the lad at the bank i was broke and he said that if I said i was employed he could give me a 5000 if i said it was for a car or something...he then went on to say...it would be cheaper for me to borrow 5000 then if i kept 4000 of it in my savings account and just used the 1000 i needed then after christmas when i had the 1000 available then i could just put it back with the 4000 in my savings account and pay the loan off within 3 months...so i stupidly did then strated to spend the 4000 too! at the time after xmas i got a job and the 137 a month payments didnt seem so bad for the whole amount 5000...I 3 years later found out that they were charging me 20 a month on top for insurance incase i became unemployed ect...but i never was told about this insurance..it was juat a little tiny cross in a box on the form i ddint even notice it when i signed..the thing i found out 3 years later is that it wouldnt have been valid for me at the time because i was not employed when i took out the loan...anyway besides that(and i did phone the bank manager to ask for a copy of the original agreement, he never called back) i payed my loan at 137 a month for 3 years....then i started uni...i then started to really take notice that my original debt had only gone down by about 400 in 3 years! of course it was getting charged intrest on top...i went to the citizens advice and they told me they could put me on a debt managment plan becasue i was by then a broke student(still am)...i agreed with them and natwest i would pay £2 a month until further notice...that was a year and a half ago...I went to spain this summer as part of my degree and came back to find that id missed one £ 2 payment by accidentally taking all the money from my account for a few days whilst i was in spain..they passed my debt on to Wescot...are they allowed to do this?? just pass your debt on to another company...jsut because i missed a payment...i must say i did get a couple of letters but as i didnt open them till i got back i guess it was too late..but it was just one payment of £2...the crazy thing is..is that i had £9 in my savings account with them..surely they should have taken it out of there if they were that desperate! im really cross...now i have wescot on my back ive set up a £2 payment with them now but they said they want to talk about payng it off!! i have no money, ive just had to get a crisis loan from uni...the £2 is all i can afford right now...im so cross with natwest they have basically had their 5000 just in interest over the last 5 years and they they do this...anyway what spurred me to write is that i had a message of wescot this morning telling me to ring them..i have rang and told them they have t ring back because my phone credit is nearly out...they havnt rang yet...im really worried they are gonna now try n get me to pay more just before the skintest xmas of my life!! any advice...also do you know if im still incuring intrest? i thought they freeze it once your on a managment plan?do you think now wescot have it they wil start charging me?im freakeddddd need advice lol

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Sorry but this post is very difficult to read because it is a solid block of text with no spaces and no punctuation.

 

Please be fair to the people who would like to help you by posting it again in a more manageable form.

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I just spent 10 min writing out in neat and you go and close the thread..cheers

 

Sorry but it couldn't be read.

 

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forget it..anyway judging by the way you are barking demands at the other person on this thread..maybe you are not the person I need to ask for advice.

Sorry you feel that way.

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