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Topic title updated. -
My apologies, I never know how much to redact. Yes I have done the AOS. Particulars of Claim: THE DEFENDANT OWES THE CLAIMANT £293.13 IN REPECT OF GAS/ELECTRICITY CHARGES SUPPLIED TO THE DEFENDANT BY OVO ENERGY LTD (DEBT) WHICH DEBT WAS ASSIGNED TO THE CLAIMANT ON 31/12/2022 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON 31/12/2022. DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £293.13 AND FURTHER CLAIMS INTEREST THEREUPON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 2.34% PER ANNUM AMOUNTING TO £6.86 -
if you mean post stuff here for us to read you redact it and use PDF read UPLOAD dx -
tell her to simply ignore all the harassment and laugh at them.
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you dont need to hide times dates and £figures can you please type the POC out in full not your abridged version above. dx
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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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