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By purplenora · Posted
I’ve no idea, it’s just a court letter saying Notice of Hearing of Application at the top, then the details of claimant and defendant. There’s a second photocopied court letter attached which says creditors Reply to Debtors Application to suspend warrant of control. This has ticky boxes on for accepting or not, and a separate letter from the landlord. I will scan them both in -
Paperwork says sealed consent order and composite settlement agreement. iv long since caused her lots of probs with lots of organisations and sales have been hit hard. All done prior to any agreement. could have all been avoided but then she would have had zero justice. her LA informed her if visit so she cleaned up. iv escalated that outcome - prior to agreement. this will haunt her for a while yet. -
By sugarNspice · Posted
It's Easter Sunday, nothing open. So I thought the parking restrictions not applied -
cant just send in bailiffs no. end of the mater the judge has to agree to that. and i doubt he will. why doesn't he stick in an N245 and nail the LL in his box. what is this hearing for? scan the letter(s) variation of judgement or what? -
yep thats good letter send it off. next move is theirs not yours
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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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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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