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      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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    • 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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      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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London Mercantile Court - GROUP HEARING 20th july 2007


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is this good news that my case is being heard as a group hearing? i can't actually attend this hearing but apparantly i can send my written views- do i NEED to do this?

any advice gratefully received.

thanks!

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I got the same letter, 9.30am in Court 1, St Dunstan's House - just trying to read up on what to do using the forums. Looks like there's a lot of reading to be done. Anyone else got this date or advice on what we should be doing now ???

 

Thanks again !

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Group hearing at Mercantile Court is good news for you.

 

See the thread 'Mercantile Court Guide' http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html at the top of this forum and other threads regarding previous Mercantile hearings/cases.

 

If you are not going to attend the hearing, make sure that the Court is aware and that it is OK by them. (Someone came a cropper at Leeds 26 April 2007 hearing by not attending and not gettinng the approval of the Court not to attend).

 

There is a good chance the bank will settle before it gets to the Hearing.

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sorry! thanks - my letter says that if i cannot be there that's fine - well what it actually says is

"It is hoped that all parties will attend but if this is not practicable teh Court will be pleased to consider the written views of any party provided that these reach the Court no later than 17th July 2007"

 

so basically i guess i'm asking if there is a letter I can use for my defense - as presumably this letter means I have to write explaining that I can't attend and outlining my case - is that right?!!

 

Many thanks!

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Sorry Flumpy, I don't have any first-hand experience of these London hearings. have you read the various threads from people who have been involved in London hearings?

 

Also see if anybody else who has been involved can answer your question here.

 

I can only suggest that you phone the Court to let them know that you cannot attend and ask them if it is essential that they have your written views or are they content to proceed on the basis of your claim as originally submitted.

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