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By Badtimes123 · Posted
Still no CCA compliant paperwork then.. that's good for you. Response from them regarding your defence filing is funny! we enclose the 'application' haha no agreement in sight but they will continue with court anyway! the cheek.. No chance they go near a courtroom with that paperwork as exhibits. My advice is re-read your whole thread, many questions answered in 2023 it would be good to refresh your memory regarding the paperwork. Then read a load more claimform threads over the next week, in your downtime if still traveling alot. -
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By mystic_bertie · Posted
Good afternoon Stu i thought i had posted an update but i see i forgot. Your brilliant suggestion has worked and for now they have credited my account with the court fees. Many thanks again -
Credit search will be for address varification in case you'd moved since the date of the speculative invoice I expect. If you use our enhanced Google search box for. Pcm Claimform, there are over 1000 threads that outline things. Next for you will be ack from the court your defence has been registered OK. To be frank.. If you'd been doing that from when advised a month ago, this would not have happened. You've had a very very lucky escape here.... Now prepare and not allow another to happen. We don't have the time to nurse maid those that don't self help. Dx -
By belleofstmark · Posted
Thanks @FTMDavefor the quick and clear instructions. All filed and submitted. What should I be preparing next? If you’ve seen lots of cases with this lot what is likely their next move? In the meantime they have been sending me letters offering me to pay them without going to court etc. i’ve also received a notification on my credit report about searches and can see that they’ve done a “soft search” on my file. Are they allowed to do that? Why would they be doing that? -
Just be aware that foliage covering signs is not persuasive if you reside in the area and regularly used the said route concerned. One gentleman of recent, famous for disputing parking and speeding issues, just cost his client £1000's claiming that!! Dx
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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.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
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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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