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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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Leeds Mercantile Court Hearing 28th June 2007


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Beverlyt,

 

I must admit that I was a bit surprised at what the person at the Court said to Mothership.

 

As long as they told you it was fine what you were doing and you have sent the fax to them early this morning before the hearing, you should be OK, but ultimately the decision is yours. Make a note of the telephone call that you had with the Court this a.m. - do you know who you spoke to and the approximate time. Also can you get a fax report from your machine showing the time and number you sent it to, just in case there is a problem after today. Did you get confirmation of the fax number from the Court?

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No I didnt get their name or fax number but I have a report from the fax that I sent and have made a note of the time I spoke to them. She spoke to someone else to verify with them and then she told me I dont need to attend (wasnt sure whether she was telling me or asking me!) and I asked if that was ok and she said yes so fingers crossed!

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Beverlyt,

 

I think you have done all you can. (I assume you used the 0113 3062392 fax number).

 

All the best.

 

PS: post a note on here when you get your money - I would be pleased to know that it all works out OK.

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Hi all, I'm probably the first one out, I didn't have to stay for the actual hearing this aft. I wasn't on the Court's list after all, they had me down as settled. In accordance with what I was told this morning I went in to hear Judge Greenfell's speech anyway, I got chance to ask him to set mine aside pending clearing of funds. He was dead good and agreed straight away.

 

There were a couple that got dismissed through non attendance, but these were where the banks had paid some money that had not been acknowledged so maybe the claimant's deemed it settled without telling anyone.

 

There were probably about 40 folk there today and representatives from most banks, but not all. Quite a lot of press too. There was an adjournment until 2.30 then whoever didn't settle during it will go on to the hearing.

 

I'll be watching here to see how everyone went on.

 

Well done all!!!!:D

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Lee

 

Heard your interview on Real Radio lunchtime news... Well done and congratulations on your settlement....

 

Waiting with interest for news later to see what happens with the others, especially Jenny (A&L)...

 

Onwards and upwards!!

 

Regards

 

Scoobz

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Mothership..

 

Thanks for the information regarding A&L, it doesn't surprise me that no-one turned up for them... Lets hope Jenny is sorted then and that Judge sides with her... why do these solicitors drag you all the way and then don't even turn up? Its crazy....

 

Hope your cheque clears quickly for you and you are all done....

 

Scoobz

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hey up all just back what a day !

well our case was listed as settled but no cheque had arrived so got to chat to the lloyds rep and we agreed on a stay of 14 days to allow cheque to arrive/clear, i waited till Judge returned so it was down on tape.

A and L sent an email last minute saying with courts permisiion didnt think it necessary to turn up or something ?

jenny will know more methinks.

As for the rest a lot (5ish ?) were given 28 days stays for the bank to find yet again lost schedules of charges and or lost claims in their entirety !

The best was this guy ( i forgot his name so apologies !) who said how can the bank lose my info on one hand then dispute the amount of the claim on the other !

All in all though It has been a pretty straight forward day, bundles werent required really all you need is your court papers, orders etc, CMI sheet and schedules of charges.

The Judge was really straight forward though a bit long winded.

He explained really well I thought thought the FACTUAL points and LEGAL points and how they effect each other.

the barristers there were really helpful too i suppose i would be if i were on 2500 a day !

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oh i remember now,

one lady asked for the stay to be 14 days instead of 28 days cause they were basically taking the michael and the Judge seemed to agree with her but then the LLoyds rep said well we are inundated with these claims you honour as you well know or something and then he changed his mind and said BUT.... like the court is backed up with claims paperwork so are they so its unfortunate but a few files will get mislaid.

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Hi All, What a long day.....as per the other post, A&L was a no show. They sent an email basically saying that nothing would happen that they didnt expect to so the judge could give directions as needed. Most of the cases were stayed for 28 days so i dont think any of us were "happy". What was nice was the solidarity with the claimants, everyone was very nice and friendly...one for all and all for one!! The banks representatives seemed to be inexperienced to say the least. Well it was lovely to meet everyone and hopefully we'll get settled. The DJ seemed as eager to sort this and get the precedent case as much as we do.

 

Jenny xx

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Donbracho

Fantastic News.... Sounds like banks paid up for most people! Bet you are glad that's over and you can just wait for your big fat juicy cheque to arrive....

 

Can't wait to hear what happened with Jenny & A&L....

 

Scoobz

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Hi All, What a long day.....as per the other post, A&L was a no show. They sent an email basically saying that nothing would happen that they didnt expect to so the judge could give directions as needed. Most of the cases were stayed for 28 days so i dont think any of us were "happy". What was nice was the solidarity with the claimants, everyone was very nice and friendly...one for all and all for one!! The banks representatives seemed to be inexperienced to say the least. Well it was lovely to meet everyone and hopefully we'll get settled. The DJ seemed as eager to sort this and get the precedent case as much as we do.

 

Jenny xx

 

 

sorry to be thick - but does that mean that you have to wait 28 days for a decision? all on A&L are waiting for news form you:-D

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus, Missed your post while i was replying to Cazza's thread!!

I've just got to wait for the judge to decide what to do with A&L not showing, he wasnt happy all the other bank reps came. he was discussing ordering A&L to appear before him to explain why they didnt come

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He also made a comment regarding an interview on radio Leeds i think. He said he had not heard it personally but had been told...apparently the info was incorrect what had been stated.

He wanted to confirm this was a directions hearing and would not decide the outcome of the cases, only what direction they would take, also that it is incorrect that cases going to Merc were only going there due to the backlog of cases in small claims. he wanted to clarify it with us all before he progressed.

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thanks for news - you should have a good case for a large claim for wasted costs when all this is finished:D

 

A&L seem to be playing a dangerous game annoying his honourable Judgexxx.

Lets hope it takes that into account and settles yours as abuse of process and uses someone else as a test case:)

 

You know you will be much in demand now to answer questions about appearing in court and the general process. Just cant believe they are leaving it so long to settle for you. The rest of us had better be prepared.

 

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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thanks for news - you should have a good case for a large claim for wasted costs when all this is finished:D

 

A&L seem to be playing a dangerous game annoying his honourable Judgexxx.

Lets hope it takes that into account and settles yours as abuse of process and uses someone else as a test case:)

 

You know you will be much in demand now to answer questions about appearing in court and the general process. Just cant believe they are leaving it so long to settle for you. The rest of us had better be prepared.

 

 

Jansus

Thanks and any help what i can give, i'll do what i can!!

With the wasted costs, it was brought up a few times today. I am already claiming lit in person costs and from what i have read i cannot claim both?? Anyone who can enlighten me please do!!

As for the day, the court staff are very helpful and most bank reps were talking gobbledygook, but the judge did bear in mind we are lit in persons and tried to talk english where he could. I feel much better for seeing the process.

Jenxx

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