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By BankFodder · Posted
Please will you make sure that you do lots of reading on the subforum so that you see other people's experience and also understand the principles involved. The chain of dispatch and delivery is unusual in your case and we will need to ask further questions in order to understand all the details. I'm not able to put these questions you right now but please will you stand by for a further response tomorrow and be prepared to give a rather clearer explanation as what you have described is difficult to understand at the moment. -
By Sarahswoes · Posted
Just realised that all the documents they submitted have dates on them APART from the deferment forms and the default letter which I did not receive. In their statement they say on which apparent dates they were sent but the dates are not on the forms.... Trying to write something now but will be late posting it as I'm so slow. Will post asap. -
post it up here asap. dx -
By Sarahswoes · Posted
No, I must have read the 24hrs wrong. Can't find it anywhere. Will write something based on threads. Thanks! -
use (at least) the two threads i pointed too and pickout the relevant points of their statements that apply to you. esp inc the fact about erudio stopping sending out deferment forms at that same time as you to many many ex students and the fos cases and other like court cases. age related right off etc etc. knock something up we'll tidy it up and you can email it tomorrow to the court and drydens. dont forget to pointout drydens were also late . whats this 24hrs bit? scan the court doc that says this bit please too. dx
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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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Paulawinter Vs Abbey - Preliminary Hearing! * SETTLED IN FULL *
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