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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.

court case next week**Defence Struck out POST OFT**

doefar
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barney.bradshaw

barney.bradshaw

Posted
Posted

That's brilliant news doefar, I'm really pleased for you.

 

I too feel it's not quite over, not until the money's sat in my account but we've come a long way and are almost there.

 

Keep me posted on any developments and I'll do the same for you.

 

Well Done!

 

:D

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tonycee

tonycee

Posted
Posted

Judge Douce then promptly 'Struck Barclays out' and advised me he was ordering judgement in my favour and Barclays have 21 days to either make full payment (Inc court costs and £50 compensation for wages) or submit an application detailing the reasons why they did not meet the courts original demands regarding their court bundles.

 

A good step in the right direction although i feel we may have some work left to do to ensure payment is received if at all.

 

This is VERY encouraging. I spoke to their Lit team 20 days after judgement had been entered against them and they STILL had no idea that their defence had been thrown out..

 

If my advice is worth anything, i would simply do NOTHING for 21 days and let them forget untill its to late.

 

My fingers are crossed for you.th_23_33_15.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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welshcakes

welshcakes

Posted
Posted

Congratulations doefar, I'm delighted that you got a judge who plays fair. Quite right too, the judicial system risks becoming a joke unless judges reassert court authority.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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slick132

slick132

Posted
Posted

Doefar,

 

That's absolutely brilliant - and a real kick up the bum for Barclays who have been so arrogant in telling peeps "We will have your case stayed so don't bother turning up".

 

So good too to see a Judge angry at B's for ignoring his Orders.

 

And it's so reassuring to hear that B's are busily preparing Bundles, even as we speak, to clear their backlog. I won't hold my breath.

 

More importantly, I hope that's the end of B's defence and your case won. Well done.

 

Slick

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