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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.

Link Asset/kearns claimform - 1995 Barclaycard debt - was stayed - N244 granted - now N180

MarkedCard01

By MarkedCard01
in Financial Legal Issues

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Thanks

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  • 2 weeks later...
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MarkedCard01
MarkedCard01

Well that didn't go well. I had my Dispute Resolution Hearing yesterday and I lost. I will go through the Hearing as it may help other people. To be honest the Judge and the claimants s

AndyOrch
AndyOrch

But you cant really state that otherwise the judge will be against you before you start. I have already put a reason in the link above re the N180 and how to complete.       Andy

MarkedCard01
MarkedCard01

Thanks Guys   I will go with the issues are complex and need to be argued orally. I don't want to show my hand too soon and allow Links time to fabricate more made up documents, such as thos

AndyOrch

AndyOrch

Posted
Posted
Quote

We confirm that a hold has been been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

 

Take note " hold on your account " not the court claim process nor can they request a default judgment anyway given you have acknowledged service and stated an intention to defend all. Stick to the timetable and defence date...disregard the above.

 

Andy

 

 

 

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  • 2 weeks later...
AndyOrch

AndyOrch

Posted
Posted

I've added a couple of paragraphs to the beginning...can you confirm that the DN was dated and served in 25/02/2010 ?

Do you know the original balance as per the DN and what you have paid since 2010...is the amount claimed on the claim form correct ?

 

Andy.

 

.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

If you can...but time is short and I bet if you reconcile the payments and amount outstanding that's it not the correct amount outstanding.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Who did you make payments to up until ceasing a couple year's ago ?

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AndyOrch

AndyOrch

Posted
Posted

Okay so £4844. outstanding at the time of default and you have paid back by payment plan you estimate £ 2820.They claim you still owe

£3957.34  but in reality you owe £2024 ?

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Yes you can submit it although it would have been better to raise the anomalies in the actual debt out standing...but that can be introduced at a later stage in your statement should they wish to proceed that far.

 

I would advise you get a DSAR off ASAP in the meantime to BC so you can get the correct information re balance payments moving forward.

 

With regards to removing paragraph 2 complying with PAP does not only involve sending out a Letter of Claim did they comply to your requests for further information in full ? within the 60 days ?  If not I would advise you you reinstate that paragraph and edit it to read same.

 

Andy

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  • 2 weeks later...
AndyOrch

AndyOrch

Posted
Posted

Have you sent your DSAR ?

We could do with some help from you.

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  • 5 months later...
  • dx100uk changed the title to Link Asset/kearns claimform -Barclaycard debt - was stayed - N244 granted - now N180
AndyOrch

AndyOrch

Posted
Posted

But you cant really state that otherwise the judge will be against you before you start. I have already put a reason in the link above re the N180 and how to complete.

 

Quote

Relevant reasons to state no include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally

 

 

Andy

  • Like 1

We could do with some help from you.

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  • 4 weeks later...
AndyOrch

AndyOrch

Posted
Posted

I & E form.

 

 

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  • 7 months later...
AndyOrch

AndyOrch

Posted
Posted
9 hours ago, MarkedCard01 said:

That didn't happen and instead I now have a Dispute Resolution Hearing for the 18th July. I have today received the court bundle from Kearns and I need to submit mine 14 days before the hearing.

Otherwise known as a Case Management Conference this hearing is to short and used to assist the the judge in narrowing down the differences so that the claim can proceed through allocation.

With regards to the above quote what have you received since from the court...how/who instructed Kearns to serve their bundle on you and who has informed you to serve yours 14 days before this hearing ?

Have you had your Notice of Allocation N157 ?

Scan redact and upload any documents received since the failed Mediation teleconference.

 

Andy.

 

 

 

.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Thanks....having now seen the Notice that would appear to be the full blown hearing not really a Dispute Resolution Hearing.

Pity you didn't upload it in Feb we would have had more time to prepare.

  • Like 1

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Not really as long as you comply with the direction by said date.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

I will run through this later or in the  morning.

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Running back to the start of your topic there was a question of the incorrect balance being claimed as you had made payments as part of a payment arrangement for a considerable length of time. 10 Years ?

I advised at the time to make a DSAR and asked again later if you had made that request with no response.

Now your defence and statement simply relies on the lack of a valid agreement and Default Notice ?

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 3 weeks later...
AndyOrch

AndyOrch

Posted
Posted

Thanks for the conclusion...we cant win them all but we can make people more knowledgeable and not accept everything as black and white.

You made the decision which was best for you and you are in no worse position than before the claim was issued if you had not defended the claim.

Many thanks for your intended donation.

Andy:yo: 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 months later...
AndyOrch

AndyOrch

Posted
Posted

https://www.consumeractiongroup.co.uk/forum/298-debt-collection/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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