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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

London Hearing 24 Jan 2007

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Hi One and all!

 

I am in the process against the Abbey and:-

 

Got letter from London Mercantile Court, have a folio number and been advised that:-

 

"There will be a Small Claims Hearing in this case and in several others which raise the same or similar issues at 10:00am on 24th Jamuary 2007. The hearing is intended to give directions for the hearing of some or all these casesin a way which saves time and expense. It is hope that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 22nd January 2007.

 

Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them."

 

I am wading through Merc bits on General Forum, and am wondering if anyone else's cases are on the 24th.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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natwesttookmymoney

natwesttookmymoney

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"Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them"

 

That's interesting....

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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marcopolo

marcopolo

Posted
Posted

I have been to a CMC at the London Mercantile. if you want some advice PM me and I can fill you in. Do you know which judge is hearing your case?

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Coombep

Coombep

Posted
Posted

Any news from Abbey? I just received notification that my case V Barclays has just been transferred to the Mercantile so interested to see how the banks play it...

 

Seems like more and more are being transferred at lower and lower value.

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Nothing from Abbey, but phoned the court today and was told the hearing will be with Judge Mackey, any body know anything about his.

 

As for Abbey i am phoning them today to stir things up a bit.

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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,hills

,hills

Posted
Posted

I received a General Form of Judgement or Order letter from my local County Court dated 12th January 2007 saying the claim is transferred to the London Mercantile Court.

 

Do I just sit here and wait for Mercantile to contact me or do i need to call them ?

 

Thanks

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,hills

 

Hi to you, the Merc Court will write you a letter shortly giving you a date for a directions hearing.

 

They seem to be having directions hearings in Bulk as there were a number of us due in the hearing tomorrow, from what i can gather they are being settled just before.

 

You can phone them but will still have to wait for the letter. You don't have long to wait now:)

Any advise offered is my own opinion, and if in doubt, always seek clarification.

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Coombep

Coombep

Posted
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I too am waiting for a Case number and date etc from the London Mercantile. My transfer was ordered on 28th Dec 06. When i get the details i'll write again to barclays to see if they want to continue their charade.

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treewilko

treewilko

Posted
Posted

Has anything happened with regard to the London Hearings on 23/24 Jan ???

 

Am not sure i am following these threads properly

 

I am interested to find out what is happening with the Abbey Cases and as this was going to be a test case i am very curious as to what the decisions were as all cases were to be treated the same as those on the fast track!

 

Has there been any outcome from this ? What is a directions hearing ? What happened to all the cases that were to be decided on the 23/24th?

 

Can anybody help me as i seem to be a little confused and i am not the most pc literate and so think i must be following the threads incorrectly.

 

Help Please!

 

Tree

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Coombep

Coombep

Posted
Posted

Congratulations....I'm waiting for the Mercantile to allocate their case number vs Barclays etc, so it is reassuring to know that settlement is a just a matter of time. Did you have to go to the CMC in the end or did they settle first?

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veb13274

veb13274

Posted
Posted
I have been to a CMC at the London Mercantile. if you want some advice PM me and I can fill you in. Do you know which judge is hearing your case?

 

Hi Marcopolo, I received a order from my local court today stating that my claim is to be transfrred to the Admiralty & Commercial Registry, Royal Court of Justice, Strand. They spelt Admiralty wrong. Typing error I guess. I don't know the reason and need to find out. I don't see why as an individual with no knowledge of law really why I should be redirected to that court. By the way is this the Mercantile court because that is not mentioned.

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s.opare

s.opare

Posted
Posted
Hi Marcopolo, I received a order from my local court today stating that my claim is to be transfrred to the Admiralty & Commercial Registry, Royal Court of Justice, Strand. They spelt Admiralty wrong. Typing error I guess. I don't know the reason and need to find out. I don't see why as an individual with no knowledge of law really why I should be redirected to that court. By the way is this the Mercantile court because that is not mentioned.

 

Ve13274 yes that is the London Mercantile court, I was there last Friday to submit my case management information sheet. It is located just opposite the Taxi rank and public toilets between the strand and fleet street. Hope this helps.

 

Sam

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