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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.

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

Business Account - Letter from solicitors

loonpants

By loonpants
in Lloyds Bank

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loonpants

loonpants

Posted
Posted

Hi,

 

I'm currently doing a claim for a business account of a friend. I've gone through the standard procedure and it's got to the point where the courts have set aside 28 days as a settlement period. She's just received a letter from their solicitors saying they're not going to pay as the account isn't in the defendants name and that unless the claim is amended in 7 days, they'll apply to have the case struck out. I'm not sure what they want me to amend. Anyone any ideas please? It's annoying me greatly considering they've no intention to actually go to court, even with it amended.

 

 

Cheers,

 

 

jon

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loonpants

loonpants

Posted
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Oh, and the bank has been responding to the S.A.R,LBA etc to her so if it's not in her name, shouldn't it be illegal for them to send out that information or reply to letters if it's not in her name?

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jowalshy

jowalshy

Posted
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When your friend filed the claim did she put the business name down as the claimant or her own name? If the account is in the name of a business then it is that name that needs to be put down as the claimant.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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TeamD

TeamD

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I think you'll find Lloyds have difficulty telling the difference between companies and people anyway, since they hold my company secretary responsible for the debts of the limited company.

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loonpants

loonpants

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bWell that's what i mean.The solicitors have already sent letters to the address i put on the claim!I think the problem is that i've put her home address on the claim and not the business address. Is it an N1 form i need to change the details on the claim ?

 

 

Cheers for the help .

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loonpants

loonpants

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Hmm...The courts said that i shouldn't change anything and send a letter to the solicitors and the courts telling them they're abusing the court process and if they want to sort it out, to go to court. Can that be right?

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curlychic

curlychic

Posted
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bWell that's what i mean.The solicitors have already sent letters to the address i put on the claim!I think the problem is that i've put her home address on the claim and not the business address. Is it an N1 form i need to change the details on the claim ?

 

 

Cheers for the help .

 

You need N244 form to amend claim and it will cost you £35.00

 

Heres the link

 

 

XxXxX

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

If I have been helpful PLEASE click the scales

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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curlychic

curlychic

Posted
Posted
Hmm...Isn't that N244 form for amending the particulars of claim? I need to change the address.

 

mmmmm good point .... BARTY !!!!!!!! Where are you when we need you .... lol

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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nicsussex

nicsussex

Posted
Posted

Frankly then Lloyds are being pathetic and using this as yet another stalling tactic - send them a letter stating that the claimant is a sole trader and has full financial control of the business and therefore you do not see the relevance of their threat to have the case struck out.

 

Also point out that their client has been perfectly willing to discuss this account with the person named as the claimant up until now - send a copy to the court.

 

Can't see it being too much of a problem

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loonpants

loonpants

Posted
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We've received the letter for the hearing now.Does anyone know what happens? does she have to turn up to this hearing or is it a closed door thing with the judge???

 

 

cheers.

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