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you it on you tube and post the URL to it here. dx -
some do some don't. pot luck really but I should be able to tell by 4pm ish hopefully so I'll keep an eye out. I just wondered if you knew or not -
By occysrazor · Posted
Hi, no Is the court supposed to provide confirmation that the case is going ahead? The only correspondence i had from the court is the hearing letter which explains the hearing date/time and the amount of the hearing fee to be paid. Hearing letter is attached on post #259 - https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued/?do=findComment&comment=5259964 -
Yes very well I have just checked it. Have you had confirmation from the court that the case is going ahead?
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This is from his Experian report..... Name XXXXXXXXXXXX Address Shown as current address Court name CIVIL NATIONAL BUSINESS CENTRE Case number XXXXXXXXXXX Amount 303 Confirmed by Registry Trust Ltd Date issued 19 May 2022 Type Judgment Notes If you have paid a judgment you should contact the court and make sure they are informed. You may wish to request a Certificate of Satisfaction as proof of the change. We will be told that the judgment is satisfied and we will update our records. For further information please see the Report Guide.
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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.
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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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