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


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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.

Wingnutta vs NatWest**WON**

wingnutta

By wingnutta
in NatWest Successes

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steven4064

steven4064

Posted
Posted
Unfortunately Cobblers are paid by Nat West to take each case to its legal conclusion. So hence all these delaying tactics. .

 

But, of course, the fact that they are paid by the hour dosn't make any difference at all

 

Steven

 

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steven4064

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Posted
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Just seems unfair that court says "file a defence by 29th" yet they file on 30th and its ok?? Whats the point of deadlines then?? - Have not been up long after night shift so guess i am just having a whinge :o

 

It's even worse than that. If they don't file a defence at all and you apply for judgement they are quite likely to then apply for a stay!

 

We need a courageous judge who will tell them to abide by the rules or else...

 

Steven

 

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steven4064

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Posted
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I refer you to post #37

 

Steven

 

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steven4064

steven4064

Posted
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It won't mattter. In fact it is better to leave it a few days to make sure whether the bank has actually filed or not. Cobbetts make a habit of being late and our court at least is two weeks behind opening the mail. It is almost certain that they will file a defence.

 

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steven4064

steven4064

Posted
Posted

The wwk won't make any difference. You don't need to do anyting until you hear from the court and they will almost certainly give you 2 weeks to reply.

I thought they might stop using that CPR 18 request
You'd think, wouldn't you!!

 

Steven

 

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steven4064

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Posted
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sorry to be a pain, but do i send the sticky letter by ed1237 to the courts and to cobbets per cpr18 request or just not bother. I
Completely up to you. You don't need to send anyhting although it is recomemended that you send Cobbetts a copy of yourscedule as NaWest don't seem to send them anything

 

Steven

 

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steven4064

steven4064

Posted
Posted

Wingnutta

 

I think you are right - MCOL is the problem - I have seen several like this and worse. Some have had threats to strike out their claim. The MCOL form just doesn't have enough space to put in everything you need.

 

What you need to do is to produce a new PoC based on the one for an N1 in the templates library. Ring the court and ask whether you can just send it in or whether you need to fill in (and pay for) a N244 as well.

 

(PS for any mod that is watching - as this sort of problem is quite common shouldn't we be advising people to use the N1 route rather than MCOL?)

 

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steven4064

steven4064

Posted
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Hi Alan (from derby that is)

 

N255? is inflation really high in Derby?

 

Steven

 

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steven4064

steven4064

Posted
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Yes you send a form N1 with the N244. The court may allow you to just submit a revised PoC since it is response to their order. The revised PoC will be the same in either case. 3 copies either way as well.

 

Ring them and ask as you suggested above.

 

Steven

 

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steven4064

steven4064

Posted
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Alan

 

That's useful clarification.

 

Steven

 

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steven4064

steven4064

Posted
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wingnutta

 

Just to clarify and summarise everything above - you have been asked to supply a revised PoC by the court. Therefore you do not need to fill in a N244 or a N1. You need to send 2 copies of a revised PoC (one for the court and one for the bank) and keep a copy for yourself.

 

Steven

 

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steven4064

steven4064

Posted
Posted

OK Adam, with you all the way.

 

My personal opinion is that MCOL is too fraught with problems for bank charges cases - N1 is much safer

 

Steven

 

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