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I received several letters from J&P which were just ignored, but now I've received the same paploc Eve appears to have. As it stands, I'm looking to complete & reply as per the oft-referenced thread #5. After reading a few comments about ignoring and nothing progressing from J&P side, I'm intrigued whether they were just general 'please contact us type letters' or letters of claim/paplocs? I realise for some it's a personal decision or based on advice, but given advice on here is not to ignore paplocs, what was the reasoning to ignore? -
Afternoon All. I have today received a court order requiring me to send them more details before 16:00 on 8 July. A copy of the order is attached, but the relevant paras seem to be: 2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: • A copy of the contract/agreement • Relevant correspondence, including text messages and emails Photographs Before 4pm 08 July 2024 3 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must • have the court case number at the top • start with the witness’ name and address • it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed. • finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side. Before 4pm 08 July 2024 I'm a little confused by para 7 in the order : Because this order has been made by a Legal Adviser without a hearing, you have the right to request that the decision of the Legal Adviser be reconsidered by a District Judge. Any request must be sent to the court to arrive by 4PM 12 June 2024. The request may be made in your online account, by email or on paper. The request must include an explanation of why the reconsideration is sought. Is this normal? Do I have to do anything with this by 12 June? As ever, many thanks 527MC352-claim-direction-order (anonymised).pdf -
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might be your close I’ll check or maybe they stopped giving notice if an adovcate is going to attend because they dont want a reapeat of last time -
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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.
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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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