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By Whyisitthis · Posted
Appreciate the time that has gone into replying. I have read so much about this tonight that hopefully I can be a step ahead. If I gain a reply from the head office I shall let you guys know. -
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just type no need to hit quote. what you really need to do is forget about it now they have just steer clear of THAT ONE STORE for a few months. other B&Q's are OK. even if you do go back in, they'll simple ask you to leave, then if you return again, could invoke trespass laws BUT WE HAVE NEVER SEEN IT HERE. as for getting out of your tree about police, prison, criminal record, arrested, knocks at doors, letter of claim....NONE OF THE CAN EVER HAPPEN. and has not on these joe public low level shoplifting incidence since 2012. you've already got a scary letter ratchetting on about some mystical FAKE civil restoration scheme . you'll probably get a few more ...NOTHING THEY CAN EVER DO. bin shred burn give to your pet hamster any money people pay CRS/RLP/DEF etc regarding their letters goes straight into their pocket and off they go down the pub and LAUGH at people they mugged. the retailer never sees a penny. i admire your action of send £5 to B&Q. its done now and its over with....move on with your live. dx
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4. Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx
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Underp04 (I think it was him) put up the statement IDR used in court from some supposed expert mr edge. can you find it? It stated 10 years was the statute barred limit but also that the laws were very confusing. very much worth digging out!
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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.
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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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