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By HappyHolidays · Posted
Hi. I have been away on holiday I got back today to a letter "Notice of Proposed Allocation to the Small Claims Track" It says I have to complete Small Claims Directions Questionnaire (Form N180) by 22nd April which I haven't done as I was away Suggestions, or is it too late? Thanks -
So to clear up, you think you've paid this £1200 as part of the £4000, leaving a net overpayment of £2800 (which you don't want back?) Can you provide proof of payment (bank statements for the standing order) showing that you've paid this £4k over? Do you still have to pay for the child currently? In regards to your second query re: PiP it's only a press release right now, nothing has been confirmed. Just remember it's election year so there's no guarantee that the current or any future governments will follow through with it. -
Not normal over 4 months
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for your notes...
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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.
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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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