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    • 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
    • Post in Some advice on buying a used car
    • People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
    • Pizza delivery insurance.mp4


       

       

       

      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies
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Csa - overpayment of voluntary contributions


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I am the parent with care. My ex husband worked overseas for a period of two years and the csa could not collect child support payments as he was paid via Jersey and Jersey is not in their jurisdiction. However, he did pay voluntary contributions for child support. I received a phone call from the CSA asking me to confirm that he had paid these voluntary contributions and that he had made an over payment in excess of £8K and he now wants the voluntary contributions back. To say I am flabergasted is an understatement. Surely, if the NRP pays voluntary contributions they are voluntary and the CSA cannot ask for them back. Where do I stand on this.

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I am meeting my MP to see if she can help me. Also spoken to CMOPTIONS and they cannot understand it. Think this will end up going to court. CMOPTIONS said that ALL voluntary contributions are just that voluntary and they dont know how the CSA can class them as overpayment. It beggers belief that the NRP would want to take a penny off daughters.

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I am meeting my MP to see if she can help me. Also spoken to CMOPTIONS and they cannot understand it. Think this will end up going to court. CMOPTIONS said that ALL voluntary contributions are just that voluntary and they dont know how the CSA can class them as overpayment. It beggers belief that the NRP would want to take a penny off daughters.

This does sound weird it is almost like saying I paid too much in charitable donations can I have some back

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  • 3 weeks later...

I am awaiting all this to be put in writing from CSA.

 

I think several factors hAve come into force here. A) My MP contacted them, B) CAB contacted them and C) CSA knew about these voluntary contributions and failed to clarify, in writing, at that time, that these VC's were in place.

 

However, I have been advised that the NRP can appeal this decision so I am hoping that this is not an ongoing case.

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