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By lookinforinfo · Posted
Thank you Dave for jumping in yesterday and advising not to send off the letter I wrote. I am sorry Clou but I thought at the time that both car parks were owned by Alliance. Before doing a snotty letter does anyone in your family able to alos drive your car apart from yourself and are you the keeper? -
Thanks for this. UPS never said they delivered to the wrong address. Tracking just showed as delivered. EBay couldn’t find it for weeks and then said they found it and it had chocolate in it. Something clearly doesn’t add up here. -
Try to think things through logically & legally - the two go together as the civil court system in England is pretty decent and easy to get your head round. 1. Say you & I got into legal dispute. Who could sue who? Well I could sue you and you could sue me. My next-door neighbour couldn't sue you and your best mate couldn't sue me because the case would have nowt to do with them. The same goes for a DCA. It's not their debt. They can do nothing. 2. Of course a DCA can't affect your credit score. If they could, then there would be nothing stopping you picking on someone you dislike, saying they owed you a billion pounds, and affecting their credit score. Logically there must be more to it than some daft allegation. CCJs are issued and credit scores wrecked after a judge has decided on the matter and the losing party has still refused to pay. With nine grand in play the matter will not magically go away but you need to gen up and seperate daft threats from paper tigers from concrete threats which could really cause you trouble. The others are right - you need to inform the original creditor of your address in order to avoid a backdoor CCJ. Also, why did you decide not to sue UPS who have admitted to delivering to the wrong address which in turn led to the theft of your goods? -
By rocky_sharma · Posted
All the PCNs that MET has sent me has the location given as (840) Arla Old Dairy, South Ruislip, HA4 0EY however the correct post code is HA4 0FY. The contract that I have received from DCBL has correct post code HA4 0FY but since all the PCN that MET has sent me got different (incorrect) post code that results in no breach of contract since PCN post code does not match with contract. HA4 0EY is a nearby residential post code where group of flats are located. This was first noticed by @lookinforinfo in previous page I am also conscious that I need to submit WS by 7th June and I still haven't received WS from DCBL, what is they send me at last minute? -
Correct there are no HTML links at the bottom now, they must of sent different ones. And yes that is correct Kearns sent her these documents on the 02-12-22 in relation to the old court case. Their covering letter should be at the top of "File 1 Redacted"
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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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