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By Mickgibbons1 · Posted
Evening all, So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me. What are people's thoughts? I am sure our courts have better things to concentrate on? -
By UsedCarMan · Posted
FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM -
Have to attend the hearing and present evidence of his financial position (income & expenditure) and statements ,and agree an acceptable payment plan with the judges guidance. It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal. They just want to determine his true affordable disposable monthly figure....which will not be £10. -
dont have to be in the same font but scan up anything T&C wise. this is why we ask for everything sent just no statements. dx -
right so this is a little bit further down the line than first posted about. your mate did put in an n245 and it looks like the LL is objecting to the sum offered, and a hearing has been called. im not too familiar with this so ill let @AndyOrch explain things more clearly as what needs to be done, if anything. dx
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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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