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By honeybee13 · Posted
If it was me I wouldn't give them the information. Has anything on MCOL changed for your case? HB -
well get reading up then Programmable Search Engine (google.com) clickme^^^^ we are self help too.. you should be blocking and bouncing ALL emails/addresses and blocking their number and reporting the txtx to spam 7726. if you'd read up...you'd have known to do that. dx -
By bradfordlad · Posted
Thanks HB. Ok, so yesterday I received a letter from the solicitors DCB Legal. Am I correct in thinking they are fishing to get contact details to pressure me for a payment? The letter seems to be intentionally blurry. They note I have not provided contact email or phone - Why would I? The it goes straight into CPR 1.1 - totally unconnected? I was initially tempted to send a snotty letter part 2, but as the case is still open at court I decided to seek wiser counsel here! So gang - what do you think? Thanks! DCB Letter.pdf -
you dont seem to have uploaded the cancellation box sheet nor anything with a tickbox/dates name typed in //ie your signup agreeing? did they not supply those? ps ive redacted things too...you left your name on both docs..is the address correct for time of takeout for each set of T&C's/Agreement? (note they are diff updated T&C periods) have a look at PRA barclaycard threads already here, you'll see that (base) agreement return already.... its identical.
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By honeybee13 · Posted
Thread reopened. HB
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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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