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By supernick90 · Posted
I have received another letter today from DCB Legal dated 10/04/24 (so unlinked to yesterday's phone conversation). It states: "having reviewed the content of your defence, we are writing to inform you that our client intends to proceed with the claim. The Court will direct both parties to file directions questionnaires in due course. In anticipation of that we are enclosing a copy. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. Therefore, in the event you wish to discuss settlement, please call us" Enclosed is their Directions questionnaire, including that they agree to the Small Claims Mediation Service. I presume sending me a copy of the small claims track form doesn't necessarily mean they've filed it and could be further scare tactics. -
Glad to hear it followed suit. As always any questions do let us know. -
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Hi should I be signing the WS copy that I send to the Claimant's solicitor? -
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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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