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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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LLOYDS TSB Court date


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Please help. Have received court date for end of July & all evidence has to be in by 13th June 2007. Have tried to open court bundle with Winzip but to no avail so have no idea what is needed. Have just sold house & are living in temporary accomodation & lots of things seem to have disappeared. Have copies of letters sent to bank & small claims letters but not all of the letters received from them. Also have not got all copies of statements where charges were taken out but have all the ones where they tell you what charges you have incurred for the month & on what date they will be taken out. Will copies of these do or should I ask bank for list of charges & do I have enough time to do this?!

Also we're supposed to be going off on a 4month trip to Europe at the end of this month so we won't even be here for the court date - can I ask them to postpone it til end of September or just inform them I won't be attending? Please help, have 2 young children to look after in 1bedroom & am totally stressed

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If you are going to pursue this then you must contact the court if you can't attend. You should have given them dates that you wouldn't be available on the AQ. I think you may need to pay for an application to adjourn the case, unless the other party agree to it. Phone the court first thing on Monday, let them know what's happening and see what they say. You risk your claim being struck out if you just don't turn up.

 

Who are you claiming from?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

im starting a court proceedings what do i need 2 do? sent them a letter threatening 2 take them 2 court but no reply! That was over 14 days ago its a lloyds bank account, had one letter from them saying that they work as a business. No contact since then done the 3rd letter so its taken 2 court now yes? What do i need 2 do?

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Spend a few days now reading the FAQ's and the step by step instructions so that you are sure of getting your claim right. It's vital that you get it right so the time will be well spent and you'll know what to do. Start your own thread in the Lloyds forum too so that others can follow your progress and offer advice and support. The FAQ's can be found here. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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