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Replying to above this was on the day that two store detectives approached me and my friend and took us into the back room and spoke to us when they explained they have been watching -
as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is: who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into admitting several previous successful thefts... this is not the norm... dx -
next step then await the N157 from her local court giving the time and date of a future hearing some month in the future. now she MUST file a witness statement 14 days (typically) to both the court and kearns . so cant allow to much of a time lag before you are aware of that and get her WS done. wack us up 2 multipage pdf files please one of what they returned for the CRP reply . and one for everything they sent back in 2022 you've found. we do not need statements. ideally it would be nice to see their WS before hers is finally filed. dx
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Another interesting article in the Grauniad - Counterfeit barcode stamps furore carries echoes of Horizon scandal | Consumer affairs | The Guardian WWW.THEGUARDIAN.COM Royal Mail admits its scanners ‘make mistakes’ but stands by the process it uses to detect fakes as ‘robust’ -
DWF can't do anything as they act for a client. In this case, Sainsbury's. Sainsbury's could take you to court and ATTEMPT to get a CCJ but it's unlikely. They had no interest in dealing with you at the time. All DWF can do is send out pointless threatograms. They'll threaten to divert an Iranian drone to your house if you don't pay. However, they can't attempt to get a CCJ against you. IGNORE THEM. It's more important now to understand why you were allegedly shoplifting, and you should speak with your GP and try and get yourself signposted to the support that's available.
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Hello,
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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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