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Hmm, that's strange how they got my email then. I assume the below is ok to send to DCBL, Nicky? Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx -
By DebtUpToMyEyeBalls · Posted
In the SAR, I received the original application, lots of computer print outs, yearly statements from 2013 and the new emails regarding my complaint. They sent me a £50 cheque after I chased them for the SAR after the 30 days. They said they was waiting for me to respond to an email (which I never received) before sending the SAR -
classic P2G. I'm sure dianne and Lesley will pop an email to you at some point. -
By PCNWarrior · Posted
The NTH was sent to the company I am employed by who lease the vehicle from Arval. Arval also sent my employer the original PCN for reference and passed on contact details to Euro Car Parks. Euro Car Parks have only sent the NTH to my employer, not the original PCN. What should I do next, ask my employer to submit a transfer of liability to my personal details? I'm not comfortable ignoring the notices when they are addressed to my employer. -
Today's email from Mr/Mrs/Ms S Fernandez of the P2G Claims Dept advises he/she/they "have looked into your concerns and understand the parcel was received damaged by your customer." As a result they "have agreed on this occasion only as a matter of goodwill without prejudice, to make an offer of settlement for £100.00" I replied to him/her/they that (a) the parcel was not received damaged, but empty and (b) that they have until next Weds, 1 May to recompence me in full or the court case will commence.
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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.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
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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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