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well done. you know the routine. hold on filing till say 20th ish? get it in before xmas/new year closedown / postage issues. you'll see the sticky upon how to respond to an SPC and you'll need to make ref to the previous failed CCA request. that wont go down well with the sheriff, AYR guys know nolans very well and their tricks. had previous dealing with 2 of the sheriffs there won both. ps have a look in financial legal issues and you'll see numerous barclaycard claimform threads. BC never give out the cca even for 2015 online signup, 9/10 its fake stuff and claimants try to rely upon recon rules. -
By AllyBallyG · Posted
Thanks, that gives me a bit of comfort. All onboard at my end: filed, signed and dated - and accepted by the court. They also confirmed they would send the defence to Nolans. I also posted my defence. Positive I've proof of posting, but will have to do a bit of digging to find it. Clerk reviewing and will get back to me with what to do. Assuming this can be recalled, they've bought themselves more time to uncover the paperwork which they've yet to provide -
they've pulled this trick several times before. as long as your filed defence has the intimation sheet signed as the last page and a date you'll be ok, sounds like a court mistake here to me speak to the clerk , i cant remember on ordinary cause claims but i think a repone is quite expensive, you shouldn't have to be doing this nor paying for one. how did you serve your defence on nolans just for the record and did you get free proof of posting. dx
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Ok. Will the court give me the chance to prove she sent fake details to prevent service? should I contest it immediately so they do not even overturn it or wait for court contact? what is the point of making orders of someone can suddenly realise they are in trouble after an order with no engagement prior and have it stopped? should I contest niw or wait ? regards lesley -
By AllyBallyG · Posted
I've received notification that the forthcoming options hearing has been cancelled and that a decree by default has been awarded due to not responding to the recent claim that they hadn't received my defences. I've spoke the court today to work out what is happening and how we correct this! I'll update once I hear. Any thoughts? .
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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
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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.
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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Post in Some advice on buying a used car
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