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HB may i ask why in court rather than chambers? -
By anotheruser0000 · Posted
Yep, I agree honeybee, I think it is an excellent idea and I am going to see if I can do this and if I do I will update my thread here to tell of my experience and hopefully it will be useful to others. I want to do whatever I can to help anyone else in my situation. -
By honeybee13 · Posted
We're talking about the same thing but I think you mean a hearing in court rather than in chambers. It's a good idea to do it. HB -
So I have recieved a pack from them containing a reconstituted credit agteement, no names, signatures etc just a photocopy of the wording. Some statements, the NOA, and the account T+Cs, and a budget calculator. THeir letter states ' I appreciate you have requested a default notice, I have reached out to Barclaycard to request this. However this is not required to fulfil your CCA request. Once a response has been recieved I will be in touch to advise. I trust that these details satisfy your CCA request. We have now fulfilled our obligations under the CCA regulations' It then goes on to say the account is on hold for 30 days and if they don't hear from me by 19th May it will reopen for further contact with various threats of court action etc. -
@AndyOrch - The claimants draft order attched to their N244 is in post #159. No exhibits were provided in our copy.
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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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