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Thank yoU HB. I will hold fire and see what dx100uk says. My husband (who knows nothing most of the time lol) thinks it looks like a generic letter they probably send to all clients. It’s the first letter I’ve got from Mortimer Clarke too. -
By honeybee13 · Posted
Apologies, I was looking in the wrong place for the letter. It sounds as if dx has seen the unedited letter, hopefully he'll be able to reassure you when he gets here later. But as I said, if it isn't headed Letter of Claim [Used to be Letter Before Action] then it isn't one. HB -
There is no heading, dx100uk kindly uploaded it for me above. All it has it’s their name as the header, followed by “You can avoid legal action, call us today in XXXXX” Followed by who they are, how much I owe and I should act now to avoid a CCJ. They have given me (which is a lie because the letter is dated 12/4/2024) 35 days to respond to the letter otherwise they will go down the court route. The letter doesn’t say it’s a letter before claim as far as I can see.
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By honeybee13 · Posted
Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB -
Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
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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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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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