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By MoltoModerato · Posted
Thanks again. Apologies for the delay in reply - I've just had some time off with my family in a remote Carmarthenshire cwm 'off-grid'. I'm just finalising my witness statement and will post here when complete if you would like to see it. The WS is to be sent to the Court and Evri by the 13th May. As yet I have not received a WS or any other contact from EVRI -
(3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. 11 duplicates your 1 you have already stated the process of assignemnt. -
By Hikertrash · Posted
Would it be worth while to appeal in order to obtain the POPLA reference? I know the appeal to MET will not be successful but surely an appeal through POPLA could be? -
Thanks for your responses. I feel a little bit better now. I really got the wind put up me when I read about 'bad character and reprehensible behaviour of non-defendant witnesses' and the press guidelines from the Independent Press Standards Organisation. court-reporting-public.pdf (ipso.co.uk) Reporting Restrictions in the Criminal Courts (July 2023) (judiciary.uk) It's a tricky one because, without going into too much detail, all of the victims are of bad character already, otherwise they never would have met the accused, and I fear that the very much tumultuous relationship I have had with the victim that connects me to this case is going to be broadcast for all to hear. The accused isn't going to be anonymous, his name and even his home address were reported in the national press in the preliminaries. Thank you. -
How long is the finance arrangement for and how much has been paid?
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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.
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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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