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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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Spiceskull

By Spiceskull
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caro

caro

Posted
Posted

I admit it looks nice, but it's such a long way.:(

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Mr lex

Mr lex

Posted
Posted

OK, Time for a pasty meet I think !!

 

Crush, Spicey, what do you think ??

 

When ??

 

Lex

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caro

caro

Posted
Posted

That could take months to arrange Lex. One thing at a time!!!:p

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HSBCrusher

HSBCrusher

Posted
Posted

I s'pose it is Caro, we will need cars to get there.

Who is thinking of coming?

If you fly down it might be a good idea to get a hire car (lula will tell you what a pain it is to get transport from the airport)... if we have enough vehicles we can go anywhere. We had to do that last year to get to eden.

 

Mr Lex.

pastymeet?

 

yes please :-D

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caro

caro

Posted
Posted

Would the nearest airport be Newquay?

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Janet-M

Janet-M

Posted
Posted

 

Mr Lex.

pastymeet?

 

yes please :-D

 

NAUGHTY NAUGHTY have you forgot your on a diet :o

 

I really don't fancy driving down that far with 3 kids constantly asking if we are there yet as I'd never get there I'l be arrested for murder .:mad:

 

looks like train then ...... can you hurry up n make the arrangements so I can book cheap train travel :p

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Spiceskull

Spiceskull

Posted
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OK, Time for a pasty meet I think !!

 

Crush, Spicey, what do you think ??

 

When ??

 

Lex

Deffo...you guys decide the when...we all know the where...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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HSBCrusher

HSBCrusher

Posted
Posted

OK.

 

the nearest airport is newquay, there is a train station in pz if we go to lands end.

Lands end is lovely (ask spicey) but we can only go there if we have enough car spaces for everybody. If we do it will be a great day out... we can have a bbq on sennen cove... and watch the sun drop into the sea.

 

If its nice weather of course! :-D

 

if we think its going to be a problem with transport then it will have to be a day out in Falmouth or st mic's mount.

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Spiceskull

Spiceskull

Posted
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Posted
Lands end is lovely (ask spicey)
Is that Lands End with the Dr Who exhibition or Lands End regardless of the Dr Who exhibition?

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I certainly wouldn't fancy driving all that way, so plane or train for me too. I don't think any of the airports round here have flights to Newquay though, unless Brum does. Train is 5 or 6 hours to Plymouth, and I imagine quite a while from there to Penzance. Seems a long trek to me. Falmouth sounds more manageable.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Lula

Lula

Posted
Posted
Where's that place with that lovely chef from the tellie, that sounds great?! :-D

 

You wicked wicked worm, you also seem to have forgotten that you have to see him next week lol :o:D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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caro

caro

Posted
Posted

Padstow - that would be great. I just love fish so it would be great to go to his restaurant.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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barracad

barracad

Posted
Posted

You mean the big sandy thing? There's a reason it was 'empty' - you're not supposed to park there, hence the ticket.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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caro

caro

Posted
Posted

Everyone was with us at Burton Dassett Hills (near Edgehill - the one that had a battle). It was a glorious day in my sunny neck of the woods.:D

 

The birds fell silent as they seemed to think it was night and then started singing again when it was 'daylight' again.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Mr lex

Mr lex

Posted
Posted

OK, Pasty meet Monday or Tuesday then ??

 

We need to be sorted soon :rolleyes:

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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