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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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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

Morgan Stanley

omollmeg

By omollmeg
in Other Institutions

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Thanks

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angry cat

angry cat

Posted
Posted

Hi Omollmeg-

I am at about the same stage as you, but as yet I have not received an acknowledgement from MS.

MS have until 19 June 2006 to reply to my Court Claim-

I agree that it is a bit scary. However, we just have to bite the bullet and be brave.

 

Kind thoughts to you:)

Angry cat

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alanfromderby

alanfromderby

Posted
Posted

I am sorry but it is very difficult to reply to your question as you are not giving clear details of what is happening.

 

What exactly is the deadline that has passed - if it is for MS to file a defence then enter judgement.

 

 

 

 

 

 

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angry cat

angry cat

Posted
Posted

Hi Omollmeg-

 

I believe that you issued your County Court claim against MS on or about 15 May 2006 and that you received an acknowledgement from them on 25 May 2006

 

As you know MS had 28 days from the date of service to file a defence, as they have not filed a defence you should make a Request for Judgement.

 

Fill out the bottom half of the Notice of Issue and send it to the Court.

 

Omollmeg, I wish you Good Luck!!!

and please keep us all posted

 

Thanks

 

angry cat

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omollmeg

omollmeg

Posted
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Posted

Angry Cat,

Thanks I am a bit confused though...

The acknowledgment of service letter said they intend to defend all of this claim

but there is nothing for me to fill out.

As you have said the time has now passed and i have received no further paperwork from them so should I go to the moneyclaim site and enter a judgement against them??

Thanks for your help just want to get this over with now still got Barclays to go.

Good luck yourself. ;-)

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angry cat

angry cat

Posted
Posted
Angry Cat,

Thanks I am a bit confused though...

The acknowledgment of service letter said they intend to defend all of this claim

but there is nothing for me to fill out.

As you have said the time has now passed and i have received no further paperwork from them so should I go to the moneyclaim site and enter a judgement against them??

Thanks for your help just want to get this over with now still got Barclays to go.

Good luck yourself. ;-)

 

 

Hi Omollmeg-

 

I havn't got as far as you and of course, I don't want to give you any incorrect information but....

 

I believe that if MS had filed a Defence, then the Court would have sent you a copy of their defence. I would suggest that you check on your Notice of Issue, what date the claim was served on MS as opposed to the date that it was issued, because the 28 days starts to run from the date of the service of the particulars of your claim.

If the time has run out and they havn't filed a defence, then you can Request Judgement.

 

Please bear in mind that I have no experience of this yet, because I am waiting for MS to acknowledge my claim, they have until 19 June.

 

If I were you, I would pm one of the Mods, just to make sure what the correct procedure is, or alternatively phone the Court and ascertain that MS have not filed a Defence, remember it's Monday and the post can be unreliable.

 

I hope this helps and please keep us all posted

 

Thanks

 

angry cat

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omollmeg

omollmeg

Posted
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Posted

HI,

This will be my last post so you will have to read between the lines as have been forced not to tell great news by the official secrets act!!!!

All I can say is just continue and all will be well.

Good luck all

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Movingon

Movingon

Posted
Posted
HI,

This will be my last post so you will have to read between the lines as have been forced not to tell great news by the official secrets act!!!!

All I can say is just continue and all will be well.

Good luck all

 

You don't have to agree to confidentiality... but if you have already then fair enough...

 

CONGRATS!!

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  • 12 years later...
omollmeg

omollmeg

Posted
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Posted

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6576 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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