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      Hello,

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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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MBNA/DLC/Hillesden Securities have issued County Court Claim. HELP!!!

yebsdad

By yebsdad
in Financial Legal Issues

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yebsdad

yebsdad

Posted
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Somebody please help with this, I need to put in a defense and action is looming. Due to DLC not sending the documents the day they dated the letter and then incorrectly addressing the envelope, the documents were delayed and I am under pressure time wise. I have requested an extension of time due to their errors, but have heard nothing back.

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AndyOrch

AndyOrch

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I thought you had already submitted your defence post# 41?

 

Regards

 

Andy

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yebsdad

yebsdad

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Hi Andy,

 

Yes I submitted a defence, from memory (i am away from my home pc), this is the defence I submitted. I also submitted a CPR to Hillesden. They have thus sent the above agreements. Stating they will instruct solicitors to progress the case in 14 days. (now extended towards the end of the month.)

 

Defence

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Would this be sufficient, or do i need to ask for clarification of the agreement, record of the default notice etc?

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AndyOrch

AndyOrch

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What date was that submitted yebsdad? If it was longer than 28 days ago then the Claimant has not responded and the claim is stayed.I assume you have not received an Allocation Questionnaire?

 

Regards

 

Andy

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AndyOrch

AndyOrch

Posted
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Then the claim is stayed, until either you or the claimant makes application to proceed or strike out then it will remain that way indefinitely.

 

Regards

 

Andy

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AndyOrch

AndyOrch

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Yes unless you wish to make application to lift the stay and strike out, personally I wait until the dust has settled 2-4 months.

We could do with some help from you.

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Bandit127

Bandit127

Posted
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Just read through this and I think you lost the skin off your teeth yebsdad.

 

While the claim is stayed you should be preparing your detailed defence like there is 28 days to go. Don't just sit on it - get it done.

 

If they don't come back for you - print your defence off and frame it. If they do, you will be confident and ready for them.

 

To have 2-4 months to prepare your defence is a luxury nearly everyone else does not have.

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AndyOrch

AndyOrch

Posted
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Defence has already been submitted Bandit.

We could do with some help from you.

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yebsdad

yebsdad

Posted
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Can someone please advise me on whether I have any grounds to defend the claim. I have posted the agreements they sent me on post #42. They have applied for and had granted the lifting of the stay and judgement passed. Please help.

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AndyOrch

AndyOrch

Posted
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So they now have judgment...they made application to lift the stay and you never opposed it?

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
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You should be served a copy of the application and you are allowed 7 days to respond ie stay/set a side the application ..oppose the application if its for Summary Judgment as in yebs case.

If you are not served a copy of the application then that is also grounds to object.

 

Andy

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yebsdad

yebsdad

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i can still oppose the application as within 7 days? i did nit get warning they were applying for this, just notification that it had been lifted and struck unless I apply for it to be set aside or varied under part 23 rule 10! So can i say i did not get due notice of application or is said letter i received, the letter the notice?

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AndyOrch

AndyOrch

Posted
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I dont know what or when you received anything yebs....the 7 days may have expired.I wish you would post more frequently then we may have been able to deal with this matter.

 

Andy

We could do with some help from you.

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yebsdad

yebsdad

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Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

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Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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AndyOrch

AndyOrch

Posted
Posted
Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

Back to top of page

 

 

Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

 

Ok well get it done then yeb:thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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yebsdad

yebsdad

Posted
  • Author
Posted

Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

Back to top of page

Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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AndyOrch

AndyOrch

Posted
Posted

CPR 23.10 you was not served a copy of the application to lift the stay strike out the defence and request judgment.

 

Yebs what did they actually get default judgment or summary judgment?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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