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By London1971 · Posted
When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023, something that I never received. I was just clearing out some junk today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold until further notice. They were quite obviously lying, is this something I can use in my witness statement if it goes any further? I have now filed my defence, and have had an acknowledgement from Overdales and the court. A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal. -
By brassnecked · Posted
They will consider all your evidence hopefully they will see sense and allow -
By Laura Cooke · Posted
I applied to the Court to act as litigation friend has my son is Severely Mentally Impaired and sent the proof they requested from his GP so I thought this might have been accepted without a hearing. I cannot believe the claimant is still convinced my son was the driver. -
By brassnecked · Posted
The court are going to consider the request for a Litigatiohn Friend so that's a positive for her. -
I had to call an ambulance for my wife, but one of the paramedics was not happy, about the condition of our house, as it's cluttered. And he would only see to my wife, on the ambulance itself. After diagnosis they took my wife to hospital. My wife was ill for a few months, and received help from the district nurses. We then got a call from a social worker, who wanted to visit us, and discuss ways to make my wife more comfortable. When I asked for more details, she became vague, but could give us a phone number, if she visited. I politely declined her offer, as I was coping, along with my daughter in caring for my wife. Then a letter arrived from another social worker, saying similar things, to the first. I didn't bother to reply. Another letter has just turned up, from the social services legal department, which doesn't say anything specific, but refers to the other social workers trying to visit us. Coming from a legal department, has badly upset my wife, who's recovery was on going, and she now fears that someone will be coming to the house, to do whatever. Do we have to respond, or take notice of these people. Also we recently had a fire prevention officer come and fit, smoke and heat detectors. He didn't voice any concerns with the conditions at the property. Worried, Paul.
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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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