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By Jerry_Atrick · Posted
Hi, New to the forums (but can see I will become active). I recenttly changed fixed line/broadband suppliers. They are not that cheaper than my incumbents were. However, I foudn out their service levels for technical support are woefully inadequate. Basically business hours Monday to Friday and Saturday morning. I had an issue where I lost all aserve (phone and broadband) on Sat eve and they did not pic up the ticket untiul this morning 9am (Monday), and they say between 24 and 48 hours before will get in touch. So, between 2.5 and 3.5 days I will be without service - add a day if this happened on a bank holiday weekend. I purchased it online from a reputable comparison/switch site, and there was nothing to indicate such poort SLAs, nor easily found on the web site of the provider. In fact, their out of hours recorded telephone message states that one can get support 24 hours on their website, which turns out to be their FAQs. I will go through ther T&Cs foresincally, however, assuming they contain the service level agreement (buried in there at section 10, it looks like), do I have any rights. I would like to void the contract without having to pay it out because they do not meet the standards one would (or shoudl) expect of a Telco without making it obvious before purchasing. I know there is a 14 day cooling off period, but, especially with the reliance on broadband (and the fact I live in a rural area, so the alternative of mobile boradband is not practical), there would be an obligation for the supplier to be very clear of the SLA? I know I can try an OFCOM ombudsman, but would like to understand my legal standing before I try. Kind regards, JA -
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By Sarahswoes · Posted
Because it's 5pm. My case is tomorrow morning. I'd be lucky if they take it now....so I'll probably still have to change it.... Here is that page that was missing. If there is any other way I can help please let me know. Super grateful for the help I received! Do you know if I must send my Witness statement to the other party as well or just to the court? THanks! FIRST PAGE OF WITNESS STATEMENT.pdf -
Why are you emailing your statement when its not been finalised ?
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By Sarahswoes · Posted
The strangest thing just happened. When I emailed the Witness Statement to the lawyer whose name (and email) was on a Witness statement I got an immediate reply saying: Please note that I have now left the business and no longer have access to my e-mails. Therefore, please forward all e-mails to.... this other lawyer (who I just noticed was the one who corresponded with a court via email about pushing my case on an urgent table. Do you know can someone else represent a witness statement written by someone else?
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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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