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By BankFodder · Posted
You are better off withdrawing from the claim not particularly because you have lost all the documents but because you have sued the wrong person and the claim you have drafted is really completely inadequate and also you haven't prepared a witness statement or a bundle of documents yet. Withdrawal before you incur any further charges and start again but this time stick with it. Stop stop taking these long absences. Run documents past ass before you start sending them off -
The only thing I need is the notice of trial. that is it! you have it please post it! -
Sorry, I meant I lost my all scanned documents. I have access to money claims account (GOV website with claim details) and notice of trial document. Nothing else. I am missing the Defence Pack Password: for the moneyclaim website. -
they're on the government website. you don't need a scanner app. just download off the gov web and upload here.
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It seems it's better to withdraw as I don't have any paperwork. My scanner app on the phone is showing no files regarding this claim. I won't be able to provide the docs. Thank you all.
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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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SETTLED for more than I claimed! Manchester Girl V HSBC
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