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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.

pinkduchess v HSBC

pinkduchess

By pinkduchess
in HSBC Bank

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Castlebest

Castlebest

Posted
Posted

At the moment the local courts seem to be adopting one of about 4 variations of the next step. This list is by no means exhaustive and I have seen a lot of minor variations in the way the directions are listed

· Pre-trial review (En-masse (court party!!) or singly) with or without the further and better particulars (curt bundle)

· Dump it on the mediation service.. non starter with DG

· Set a court hearing date and request further and better particulars of claim from both parties (court bundle)

· Send out an AQ

Until you know what your particular District Judge wants to do you just have to wait (again).

pete

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Castlebest

Castlebest

Posted
Posted

PD, set aside, varied and stayed just delay your claim, leave the court alone, they have enough to do without you pestering them

 

I have been saying this a few times lately I think its easy to loose sight of what we are trying to achieve with our claims.

 

Once you have filed your claim with the court you are dealing with DG Solicitors these are the people who will make you an offer and you will negotiate and agree your settlement with.

 

To some extent the County Court side is secondary, it’s just a means to force HSBC to look at your claim and be reasonable and responsible.

 

To do that you have to complete all of the Court paperwork on time and submit it, then it has to be processed by the court and assessed by a District Judge but at the end of the day the court will have nothing to do with your settlement. You will cancel your claim because you have reached a settlement with DG Solicitors (when the money is in the bank).

 

So nudge DG not the court.

 

pete

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Castlebest

Castlebest

Posted
Posted

Hiya PD, am I allowed to be sensible tonight?

 

My feelings are leave the court alone and keep nudging DG, the court will have nothing to do with the settlement of your claim in the end so why give them extra work.

 

The Draft order was a nice idea and well written but even when we had AQ's very rarely got used by the District Judges. I think in our present climate the draft order could be seen as presumptuous because we don’t know what each local court and each local District Judge is intending to do. We and the process has moved on and we need to look at what each District Judge wants us to do and do it.

 

Have you read the article in Quirkie’s thread? District Judge dispensed with 77 cases in one day, from the look of it all but one paid in full and one of them was worth £12000. This is what we need, someone who grabs the situation by the scruff of the neck and settles it, you don’t want to upset a guy like that.

 

pete

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Castlebest

Castlebest

Posted
Posted

Good, keep the faith because you are on the last lap now, we just need to wait and see what your local court's take on the situation is, you should get that next week then we can look at what to do next to get DG moving.

 

Oh and your allowed to be silly any time you want

 

pete

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Castlebest

Castlebest

Posted
Posted

Assuming your referring to your nudging letter periods... honestly there isn’t a lot of chance DG will do anything until your local District Judge puts a closing date shackle on them, you need to find out what your judges orders are going to be.

The bottom line since MCOL dispensed with AQ's is you need a court date and the sooner the date is the sooner you get your money and the sooner we get out of the courts hair.

There is no logic to the way DG are making offers, they are making a few offers before they need to (mine was one) but I suspect this is just in case they are accused of wasting the courts time (they can prove they dont always wait for a court date) I was very lucky.

You need a court date to be sure of an offer, if you get a stay apply to have it set aside, Mediation is a non starter there is nothing to mediate. If you get any sort of court date, whatever your judge calls it you will get an offer before that date and as your court buddy I will be there with you if you dont

pete

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Castlebest

Castlebest

Posted
Posted

Hiya both, your focus has to be on getting an offer off DG, the best way you can do this is by writing to them with a respectful distance between the letters.

Unfortunately until your local courts come up with some dates to really put their head on the block there is not a lot else anyone can do.

pete

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Castlebest

Castlebest

Posted
Posted

Saying nawt about only going back to work yesterday

Noticed on Auburn's thread her case wasn’t reviewed by a Judge but a "proper officer". I assume this to be another way they are trying to speed things up by drafting in more people to asses the claims.

All you can do is wait for the court and keep nudging DG.

pete

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Castlebest

Castlebest

Posted
Posted

I like girls on top.... but thats another thing .. :p

Keep badgering the court PD, very politly but every three or four days just to check whats going on, half inclined to say do a draft directions letter but I think its a bit late in your case now, I should have said that sooner:rolleyes:. Think we will have to wait to see what your district judge's directions say now.

 

pete

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