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By engineering dispute · Posted
Thanks you, I will do as you suggest. Why do you think the call wasn't listed on the SAR document - were they lying when they said in the letter that they had tracked that call down? -
By London1971 · Posted
One thing I have learnt with Lowell is to take a picture of every single letter they send you before you chuck them out, that's because one of them will be ammunition you can use against them when they bombard you with a barrage of fake letters they allegedly sent you, if it ever comes to a Claim Form. -
By honeybee13 · Posted
Britain has dropped out of the world top 10 for good governance. The article has a clip of Sunak being mullered by Janet Street-Porter on Loose Women. I've seen a couple of other clips and it really didn't go well for him. Yet again, the spads think it's a good idea to go on daytime TV because he'll have an easy ride. It reminds me of Truss's disaster when they put her on local radio. British decline linked to Brexit, weak leadership and poor finances WWW.INDEPENDENT.CO.UK A damning report has shown that the UK has dropped out of the top 10 countries for good governance under Rishi Sunak’s leadership -
By honeybee13 · Posted
That's good to hear. What's the plan now, Tosca? HB -
Thank you everyone for your advice. This is really helpful.
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If you are buying a used car – you need to read this survival guide.- 1 reply
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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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