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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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      If you are buying a used car – you need to read this survival guide.
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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

An end to confused judges and their questionable decisions

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By pop_gun
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Conniff

Conniff

Posted
Posted
It lacks credibility to suggest a hearing shouldn't be filmed due to the sensitivity of another hearing. Legislation could be drafted to ensure only certain hearings were digitally recorded. To my mind it's a false dictum which allows the courts to do as they please without fear of repercussion.

 

The decisions of the lower courts are not scrutinized. Who other than the interested parties will ever bear witness to the proceedings?

 

The impression you give is that these judges try their best and sometimes get it wrong. Though I suspect you'll say that's the prices we pay for a free and fair judicial system?

 

When nothing could be further from the truth.

 

I rather like this post and tend to agree. They might have had training in law, but most of them lack the main ingredient, common sense.

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pop_gun

pop_gun

Posted
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Posted (edited)

A good way of knowing when a decision is likely to go against you, is when you are a litigant in person facing a solicitor.

The solicitor will always be allowed to present his claim or defence first. In the many of the cases where the solicitor is the defendant, he\she will be allowed to present your claim and their defence before you've even uttered a word.

The judge will then ask hostile questions of your claim as the defendant has provided it, denying you the right to present your claim until you've answered their questions.

 

The excuse for this behaviour is a solicitor is legally trained and therefore better equipped to speak to the court in a language it can understand.

 

I never knew corruption had it's own language. Oh well, you live and learn.

Edited by pop_gun
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pop_gun

pop_gun

Posted
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Posted
Diffrent from the court scenarios I see !!

 

I take it you gained your court experience watching matlock. I hear if you watch it long enough you start to believe the courts are just and never wrong.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I do not believe the law in this country bis never wrong I just do not have a jaundiced view and a relentless and unreasonable view that it is corrupt or biased on every case!!

 

I am sure if I had time to waste I could provide many instances of how the law is fair and reasonable.

 

BTW what is Matlock?

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  • 1 month later...
determindator

determindator

Posted
Posted

I think their should be more emphasis put into mediation by the legal system for consumer cases rather than the quick route preferred by the claimant of seeing Court as the first point of access. It feels as though the claimants don't want to explore all possible ways to reconcile a situation. I wonder why? Many people feel intimidated by the Court process and are LIP and more often are up against Barristers and Lawyers who IMO can be seen to guide the Judges into their way of thinking and I feel it tips the scales.

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Sillywizard

Sillywizard

Posted
Posted

I must pay more attention when reading these threads. I was in the middle of composing a reply to some points made then I realised that they've mostly been made by the same person who has a robustly negative opinion of the legal system in general, so much so that anyone who disagrees risks being the recipient of some ad hominem remark for having the cheek to hold different views. So I won't bother.

 

For the benefit of the poster to whom a barbed comment was directed , I can advise that I googled Matlock since I'd never heard of it either - it's an American legal drama which aired from 1986 to 1992. Interestingly, there was a spin off from the series called Jake and the Fatman, which in turn had a spin off called Diagnosis Murder, which I HAVE heard of. And this is the most interesting bit; Dick Van Dyke was the guest star in series 1, episode 1 of Matlock as a villain judge (quite appropriate given the current thread topic) and then he became the central character in the spin off from the spin off.

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MrHat

MrHat

Posted
Posted

Subbing

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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pop_gun

pop_gun

Posted
  • Author
Posted

Legal services commission cover up over multi-million pound payments to wealthy convicted

criminals.

 

http://www.standard.co.uk/news/crime/unacceptable-coverup-over-cost-of-legal-aid-for-wealthy-criminals-8359947.html

 

Legal aid started out to help the poor who couldn't afford a solicitor. Now solicitors and courts divert the money

to the wealthy, hold lengthy expensive court hearings and furnish their own pockets with the proceeds.

 

If Judges were paid a salary of £20,000p.a. and solicitors could only charge litigant in person rates, you'd see a lot more justice in the system. Money and power always corrupt.

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Conniff

Conniff

Posted
Posted
Just because a judge has made a decision you don't like doesn't make him "biased" or "corrupt". Judges try to do the best they can.

 

What, like giving a serial rapist community service? Yea, pull the other one.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

We will always get the utra uman rights lawyer fron nonces r us who will the need to free perverts to offend again, not many judges act this way.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Guest

Guest

Posted
Posted (edited)

'ultra human rights lawyer...', how daft.

thats not v nice calling lawyers 'nonces' for doing their job. isn't that what you aspire/pretend to be? lawyer that is. :)

criminal judges/mags act within their sentencing guidelines. if not, then subject to appeal. either way.

Edited by Ford
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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
'ultra human rights lawyer...', how daft.

thats not v nice calling lawyers 'nonces' for doing their job. isn't that what you aspire/pretend to be? lawyer that is. :)

criminal judges/mags act within their sentencing guidelines. if not, then subject to appeal. either way.

 

NOT ALL LAWYERS ARE IN THE PROFESSION PURELY TO GREEDILY GRAB HUGE AMOUNTS OF TAXPAYERS MONEY BEING WASTED ON RIDICULOUS HUMAN RIGHTS CASE FOR THE LIKE OF TERRORIST AND ILLEGAL IMMIGRANTS,Q criminal law in the uk is flawed and far to lenient in many aspect, the civil law grows

by decisions right or wrong made by judges in the higher courts some who seem to have odd opinion on what human rights should actually mean!!!

 

BTW Ford after more than 40 years I have ahcieved my qualificatios and aspiration.

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Guest

Guest

Posted
Posted (edited)
NOT ALL LAWYERS ARE IN THE PROFESSION PURELY TO GREEDILY GRAB HUGE AMOUNTS OF TAXPAYERS MONEY BEING WASTED ON RIDICULOUS HUMAN RIGHTS CASE FOR THE LIKE OF TERRORIST AND ILLEGAL IMMIGRANTS,Q criminal law in the uk is flawed and far to lenient in many aspect, the civil law grows

by decisions right or wrong made by judges in the higher courts some who seem to have odd opinion on what human rights should actually mean!!!

 

BTW Ford after more than 40 years I have ahcieved my qualificatios and aspiration.

no need to shout :)

weren't you talking about 'perverts' #40? anyway, what HR should actually mean! what in your opinion! :) theres a long way to go on that. don't forget that 'we' drafted the echr.

they're not there to 'greedily grab' anything, just to do their job as per the law upon instruction. if cls aid is available then it is available, that's nothing to do with the lawyer. some hr lawyers even work pro bono.

talking about taxpayers money, most of it goes on 'domestic' crims (ie not the ones you highlight. jump on the bandwagon though) as has been pointed out earlier?

just like you said the civil law here is to be respected, the criminal law here is widely regarded and adopted. in its substance, it is not that flawed. it also 'grows' (more so than civ law), hence one reason why we don't have a strict 'criminal code'/bill of rights like other countries (although we're getting there)

again, it is the sentencing guidelines, which are determined by parliament. nothing to do with lawyers (apart from mitigation), which is what you complained of.

BTW, good for you :)

Edited by Ford
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citizenB

citizenB

Posted
Posted

TBH, I find some of the comments being made in this thread quite offensive. Please tone it down a bit, yes !

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  • 7 months later...
dx100uk

dx100uk

Posted
Posted
I'm with you. Something needs to be done.

 

this thread is 6mts old...can we help you?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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