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By lookinforinfo · Posted
Andy thank you for correcting me and thank you again for posting the Court Procedure rules. It makes interesting reading- 38.4 (1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL). (2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on them. Was the delay in sending the Discontinuance notice deliberately held up to prevent Annabooo from asking for a set aside.? It was well over the 28 days after the Discontinuance notice was received. I know that the 28 days applies after the Notice was served but could that be part of a reason to refuse CEL permission . I assume they haven't paid the Court fee to initiate proceedings again ? 38.7 [3] 3) The defendant shall inform the court in writing as soon as practicable whether the defendant asserts that permission is needed and, if so, whether the defendant consents to permission being granted. Has Annaboo been informed that she has the right to refuse consent ? Does she even have the right to refuse consent in this instance. I am assuming that Annaboo would prefer to refuse this resurrection on many grounds not only because she does have the right to enjoy a peaceful life. -
https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file dx -
well no. it would be the same process, they simply write to northants bulk requesting they raise a claim. and you'd get a claimform like at the start here. very very remote speculation that would ever happen dx
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why pay it? even if they return to court and ASK the judge to send bailiffs and he does. its a civil consumer CCJ, there's no right of forced entry. the very worst is £310 fees are added.
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the court will need to give them permission to take me to court again? This is ridiculous. I do not want to waste too much time on this but I will keep an eye on the court letters. I will keep this thread posted. Thank you everyone.
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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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