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By London1971 · Posted
Great , that makes sense, I will leave is as it is .. Thanks -
as i guessed re interest then..they are removing it... has he paid it off then if you add up his payments todate? dx -
By robertobaggio · Posted
any further action after this? in a similar situation -
have a good read in the debt selfhelp forum. its easy to do a self managed one..only on the debts you find ARE enforceable mind..
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By robertobaggio · Posted
Hi there Manager for our soccer sixes team moved overseas mid season and we struggled for numbers we told the ref about 5 weeks prior to seasons end that we would see out these games then be done and he told us he’d ’pass the message on to the relevant people’. Heard nothing, hen 3 days prior to the new season beginning we were given our fixture for that weekend. Told the guy over text we had pulled out and the ref should’ve passed a message on but we were told sufficient notice wasn’t given and it needed to be in writing. I argued it’s not our fault the ref didn’t do as he said but we were countered by the T&Cs. now being chased for what was £608 kindly reduced to £476 to pay off remainder of the season. Been sent a letter in the post from their accountancy team and told needs to be paid by Friday. seen a lot of the other threads saying we can literally just ignore everything but im concerned about debt collections and credit score being harmed. Can anyone confirm if this all works/what we should do? If the legendary dx could offer his wisdom it would be greatly appreciated thanks
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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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