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

Cardiff directions hearings *POST HERE*

claret74

By claret74
in Barclays Bank

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GaryH

GaryH

Posted
Posted

You won't be alone - all the South Wales claims are rounded up and bulk listed for directions hearings at the same time on the same day!

 

You have presumably been given the option of writing representations rather than attending?

 

Read this thread, it should tell you all you need to know -

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/56933-tjc-ltsb.html

 

Note that you DO NOT need a full court bundle at this stage. All you need to do is write to the court with case managment proposals. There is a letter to send within the thread I just linked.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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claret74

claret74

Posted
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Gary,

Thats so helpful, thanks.

I have got the letter and draft directions ready to go.

Do you think it's wise to phone Barclays a few days before hand to see if they want to settle? I have heard nothing from them at all since their letter offering me their "goodwill gesture!"

 

Thanks again for the help.

Claret74

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GaryH

GaryH

Posted
Posted

They will almost certainly settle before the directions hearing, yes - that is if the last batches are anything to go by. The only claims that they may be likely to turn up for are those involving contractual interest.

 

When you send your letter, you could ring them a while afterwards to check it has been received - the subject of settlement may well come up. That said, the advice from this site has always been that really you should keep all communication in writing only.

 

There are going to be loads of these, so I've amended the title of your thread slightly to try to get all the Cardiff claimants to post here. Hope you don't mind, it just saves posting the same information over and over thats all.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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claret74

claret74

Posted
  • Author
Posted

Golly, now I'm confused. Sorry to sound a ninny but do I send the letter and draft directions to the court?

When you send your letter, you could ring them a while afterwards to check it has been received - the subject of settlement may well come up. That said, the advice from this site has always been that really you should keep all communication in writing only.

I'm assuming I could ring Barclays to see if they got the COPY that I'll have to send them?

 

Do you think they'll approach me to settle before it gets to Court or is it up to me to approach them?

 

Thanks.

PS: I don't mind you changing my title, especially after you've given me such quick, clear answers.;)

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GaryH

GaryH

Posted
Posted

Copy to both - file and serve = court and defendant.

 

Yes.

 

Yes - if they want to settle (which is highly likely), then they'll contact you.

 

Good, cheers.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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kashie

kashie

Posted
Posted

Hi Gary,

I'm a little confused as to what I have to send to the court here. I've already sent a draft direction to the court and Barclays with my AQ should this be done again? Or are you talking about something else??

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GaryH

GaryH

Posted
Posted

The order has asked you to write with your proposals of how the claim should proceed, so you need to comply with the order.

 

Send this letter -

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/56933-tjc-ltsb-2.html#post524956

 

with the draft attached -

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482191

 

To both the court and Barclays.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

They usually settle shortly in advance of the directions hearing.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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nursiepoos

nursiepoos

Posted
Posted

Hi Peeps, Ive had a "General Form of Judgement or Order (N24)" in which a date has been set for directions. The letter says I can either appear in person or I can send "written representations as to how the case should proceed". Does this mean I should send the Draft Order of Directions template shown at the AQ stage of the FAQ's on this site?

 

Please help

 

Nursiepoos x x x

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iskanda

iskanda

Posted
Posted

Hi Nursie,

I'm at the same stage as you. Also in Cardiff. I found these threads useful.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=AQ+dispensed+with

 

Hope they help!

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Poppy07

Poppy07

Posted
Posted

Hi both, I also have a directions hearing in Cardiff on 14th Aug, let me know if you hear anything else!! Or if you ring Barclays etc!!

Thanks for the links, they're really helpful.

POPPY07

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nursiepoos

nursiepoos

Posted
Posted

ty iskanda thats a great help. and hi to poppy and aloofy :-D . Are any of you going to send in the draft directions? and are you all going to attend on the day? Im in plymouth, but my brother (who im doing the claim for) lives in bridgend. i'm one handed too at the mo, have had an op on my rigght hand, which makes things quite difficult.

His hearing is at 1030, ive done all the work for him though so i think i should prob come up for the day.

Ive read several times on other threads that people have been leaving it until 2 weeks before the court date to phone barclays legal dept and sometimes theyve settled then. might be worth a try. would like to avoid the court bundle hassle really. My claim against nationwide last year didnt take this long, 2 weeks after the mcol application they paid me over £11k lol. thats why i encouraged my bro to do this. barclays playing hard to get! keep in touch :)

nursiepoos x x x

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iskanda

iskanda

Posted
Posted

Nursie, yes, I'm going to send in a letter asking for the (new) draft directions. If anyone needs the T&C's for Barclays accounts to complete their bundles, let me know via PM. I've got PDF versions for 1998 and 2001. Best wishes to you all.

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livelylad

livelylad

Posted
Posted

Hi I am dealing with a case for a friend, he also has the same date. I have sent a request to have the defence dismissed as an abuse of process. I think it may be a good idea to get as many of those cases to submit this request. This will keep the pressure on.

 

I am awaiting the response of the Judge this week. I have the template available should you wish to use it.

 

Also Cardiff are not taking the AQ fee even if the claim is above the £1500, they are not taking it because they are aware that all the claims will be settled before they get to court.

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GaryH

GaryH

Posted
Posted
Hi Peeps, Ive had a "General Form of Judgement or Order (N24)" in which a date has been set for directions. The letter says I can either appear in person or I can send "written representations as to how the case should proceed". Does this mean I should send the Draft Order of Directions template shown at the AQ stage of the FAQ's on this site?

 

Please help

 

Nursiepoos x x x

Hope you don't mind, but I've merged your thread with another one regarding Cardiff prelims.

 

All the information is in this thread. All you need to do at this stage is send in your case management proposals. There is a letter linked from post #2 to that effect.

 

Alternatively, as LL said, if you wanted to you could incorporate a strike out request as part of your representations.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping-2.html#post821851

 

Send one or the other, not both.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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iskanda

iskanda

Posted
Posted
Hi I am dealing with a case for a friend, he also has the same date. I have sent a request to have the defence dismissed as an abuse of process. I think it may be a good idea to get as many of those cases to submit this request. This will keep the pressure on.

 

I am awaiting the response of the Judge this week. I have the template available should you wish to use it.

 

Also Cardiff are not taking the AQ fee even if the claim is above the £1500, they are not taking it because they are aware that all the claims will be settled before they get to court.

 

LL, that's really interesting re the dismissal. Please let us know what the judge says. I'll keep my fingers crossed for you.

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kashie

kashie

Posted
Posted
Hi I am dealing with a case for a friend, he also has the same date. I have sent a request to have the defence dismissed as an abuse of process. I think it may be a good idea to get as many of those cases to submit this request. This will keep the pressure on.

 

Hello, sorry to seem abit thick, but what do you mean when you say you have requested to have the defence dissmissed??

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