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By BankFodder · Posted
Better telephone the court and let them know. Also if you have an email address for the defendant then probably had better let them know as well at least to get it on record -
is the agreement covered by the CCA & HP? who is the named creditor? dx -
Hi Something I forgot to add to my previous post when contacting your own Solicitor is: You could also ask your Solicitor to also inform Southern Land that their charges for a Deed of Variation are outrageous and frustrating the process with a threat of bringing it to the attention of the SRA. (thanks to @Andyorch for pointing that out) -
By lookinforinfo · Posted
Could you please post up what is left of their redacted contract. They obviously do not want you to see it. Does seem rather unfair that by challenging your defence they are effectively getting two bites at their WS. -
the claimform says Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN that riverside car park is on the otherside of the same (victoria) road (A1099) and a differing CM11PA dx
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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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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
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
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Pizza delivery insurance
BankFodder posted a topic in Postal and Delivery Services,
Pizza delivery insurance.mp4
Parcel delivery insurance 1.mp4-
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N244 Judgement set aside?
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