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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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    • 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.

Acenden

nigrob

By nigrob
in Mortgage companies

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Ell-enn

Ell-enn

Posted
Posted

Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf

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Ell-enn

Ell-enn

Posted
Posted

Hi, affixed is the statement to go with Q.10 of the N244. You will need to enter the info where there are XXX's (remove the xxx's), both at the top of the statement and also in some of the paragraphs in the statement. When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the copy letter you sent to Acenden write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 - signed

Statement - signed

Letter to Acenden - Appendix 1

Budget sheet - Appendix 2

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash (if you are in receipt of certain benefits you may be exempt from the fee - I have affixed the Court Service EX160a leaflet explaining this). The court staff should be able to give you a date for the hearing while you are there.

 

Anu questions, just shout :)

nicurro N244 statement.doc

ex160a_web_1010.pdf

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Ell-enn

Ell-enn

Posted
Posted

Hi, thanks for your message with further information. Please keep communication on this thread as it helps others who might be in the same situation.

 

Affixed is the amended statement to go with the N244. You need to read it through carefully and enter info where there are xxx's.

 

Any questions, just shout :)

nicurro N244 statement.doc

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Ell-enn

Ell-enn

Posted
Posted

You are the Defendant - the Claimant is the name on the eviction notice.

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Ell-enn

Ell-enn

Posted
Posted

Yes, they should be able to give you a date while you are there. Don't forget to take the £40 fee in cash. Did you take a photocopy of it all for yourself to take to the hearing?

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Ell-enn

Ell-enn

Posted
Posted

I don't think you'll have any trouble stopping the eviction :)

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Ell-enn

Ell-enn

Posted
Posted

That's great news - well done :)

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  • 2 weeks later...
Ell-enn

Ell-enn

Posted
Posted

Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

..

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

You are the Defendant - the Claimant is the name on the eviction notice.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Thanks for letting us know - if you need to ask any questions about the hearing on Friday we can advise.

  • Haha 1

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 months later...
Ell-enn

Ell-enn

Posted
Posted

The Norgan case law(spreading arrears) was quoted in Nicurro's N244 statement for the hearing to defend eviction.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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