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I see he advised the steps if you weren't attending. but that wasn't advising to not appear instead of changing date, it was simply what to do if your not attending. I know its of little help now but in the future YOU MUST TURN UP. If you can't then change the date. Sadly on this one there is very little you can do. You didn't show up and ultimately that meant you lost. If you turned up you'd probably have been alright. -
By webbscatering · Posted
please see post dated 25th March -
did someone advise you to file for cpr 27.9?
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115 issue fee 181 hearing fee 108 application (I'm assuming although iti says they seek no costs so not sure on that) I guess the rest you've got is an unreasonable costs order which is frankly obtained by not turning up. Why didn't you apply for a date change?
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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.
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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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