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      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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    • 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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Do i have to sign a solicitors form?


oldtyke
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Hi all, I have a solicitors letter offering me the full amount if I sign to say I agree to sign a "Without prejudice" form saying I must keep within the bounds of my contract with the bank. I cannot see any problem, but was wondering if anybody knows anything about this. Thanks :confused:

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Hi Don't sign anything. It sounds to me like they are asking you to agree to further charges being legit. Your contract ( the agreement you signed on opening your B/account) will have terms in it which says fees/charges whatever they call them will be imposed if eg you go overdrawn. This is what we are all contesting. By signing that solicitors letter you will be agreeing to any future charges they may wish to impose...and therefore wouldn't be able to claim back ever again...as per the contract. Say no, demand your payment and refer the letter to the OFT

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hi oldtyke

this is the standard lloyds settlement letter and nothing to worry about, cross out all teh terms and conditions except the one which states u except this as full and final settlement, and then send it back.

 

it wont hurt your claim in anyway, once they have received it you should have your money in about 2/3 weeks

 

ps congratulations

 

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I too received same letter from SC&M yesterday but was advised by Michael not to send their letter back but to write them a letter of my own plus a letter to the Court asking for my case to be deferred for 14 days to allow for payment.

PLEASE FEEL FREE TO READ MY THREAD WITH THE LETTER ON DATED YESTERDAY AND SEE IF IT HELPS ANY:D

Hopefully, sounds like you may nearly be there:lol:

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