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nope does their PAPLOC state all 3 debts? dx -
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then the who thing cannot have anything to do with paypal then, they cant be involved at all. chargeback fee? from whom never heard of that one either. ebay/paypal must have changed their T&C's again then since the demise of brexit and EU agreements. i can only assume he paid paypal, who acted solely a payment intermediary, to buy your trainers from ebay. and ebay added a £14 processing fee? thats unlawful hence their refund. i dont think there is anything you can do here sadly. classic ebay scam that goes back +30yrs. just now rejigged for the 22nd century. typically it only resulted in an unenforceable paypal balance that you simply walked away from... but now ebay has obviously tightened up on losing out to these scammers and added an unlawful fee to scrap some of their historic losses back.
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By MANUKI12742 · Posted
Apologies, I am still getting used to the site. Understood, ill have a read and come back if I have any other questions. Thanks -
I have done a separate letter and form for each of the 3 debts and kind of ignored the Vodafone one for now Thanks
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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.
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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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