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By lookinforinfo · Posted
I had a sudden thought and went back to your NTH. There, they said that they had included all the necessary documents required for Hirers so you didn't chase NPE via the ICO for this thread. So was it the St Thomas's hospital one or another thread that it happened. -
Same company that tried to get us to pay 6 months worth of Utility bills after we had already moved out of that home. Turns out they just searched the phone book for the name of the previous tenant (us) and decided to threaten us, because why not! British gas were useless and it took a S.A.R and 4 separate live chats to get them to stop the threats. I advise you do not deal with BWI at all and completely ignore them (unless they send a letter of claim, which they won't). NEVER call them, the number is premium. Go via british gas only. Get them to confirm in writing that you do not not owe them anything, and get them to stop BWI letters. It will probably take multiple attempts. Finally stop worrying here and now. You paid your bills, this debt is not yours, and there is no entity in this world who can make you pay what you do not owe. This is nothing but a mistake by incompetent and greedy BG and their idiotic DCA. -
are you going to update us ever? dx -
thread title updated
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whom are BW's stated client Unihomes? stop panicking. never ever jump when you get a letter from which is nothing more than a paper tiger solicitor - they can't 'really' ever do anything. look at the letter CAREFULLY...it doesn't say WILL anywhere same a stupid powerless Debt Collector letters. neither are BAILIFFS and neither have ANY LEGAL POWERS. dx
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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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