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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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    • 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.

Case transfered to Central London County Court

Joa
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Joa

Joa

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I have received a letter today which stated that an order has been made to transfer my case to the Central London CC. The irony is that I have just managed to have the case transfered to more local court; the judge agreed due to my childcare responsibilities and disability.

The letter does not contain any grounds or reasons for this order, although we know that it may have something to do with courts being swamped and looking for some solution.

I would like to request that the order is set aside but it may prolong the whole process. I am keen though because I do not like to be shuffled around like that without sense or reason.

On the other hand, there is a high probability that there will be no hearing and that Egg folds, like other banks did.

But it would cause me enormous hassle if the hearing would go ahead in Central London; fair whack to travel and take time off work.

Any comments?

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BankFodder

BankFodder

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contact both courts to get a copy of eggs allocation questionnaire. You want to find out if the transfer has been made as a result of an application from them.

 

Once you have done that post a response here and link me to it. did egg make a counterclaim?

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Joa

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contact both courts to get a copy of eggs allocation questionnaire. You want to find out if the transfer has been made as a result of an application from them.

 

Once you have done that post a response here and link me to it. did egg make a counterclaim?

 

No counterclaim; no default, no arrears. The letter simply says: As a result of an order made on 12th of October...

I will request a copy of Egg's AQ.

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TUTTSI

TUTTSI

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My case has also been transferred to Central London CC with Judge Collins from Barnet. Mine is for a lift of stay due to hardship groungs.

 

Do you have a date for your hearing! as I have just caught up with Spurs 9 who has also had a transfer from Edmonton to Central London CC with the same Judge, he like me has not yet received a firm court date.

 

DS

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