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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • 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.

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      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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Legal time limit for invoices?


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Hi does anyone know how long a company has to invoice someone by law?

I had some work done on my boiler ages ago, and despite ringing them several times to chase up the invoice, it has arrived today, many months after the work was carried out, and the have only given me 5 days to pay it!

 

Thanks in advance for any advice!

Saskia x

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Hi does anyone know how long a company has to invoice someone by law?
Effectively 6 years under the Limitations Act.

 

That doesn't mean you have to pay it in their short timescale. If it's going to be difficult to pay in total, write to them with proposals by instalments

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A company usually gives 30 days from date of invoice - otehrwise they could be viewed to be as unfair terms of contract.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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If the work is done, it is either paid the time or on presentation of the invoice. If they are late in invoicing, then that is their look-out, but they do have a right to be paid for the work done. Making a demand that it is due in 5 days may seem harsh, but it could have been 'on presentation' so some time was given to get the funds together.

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  • 3 weeks later...

I understood that if you had not been invoiced within one year of the completion of the service, you have been provided with credit. If the amount is within the limitations of the Consumers Credit Act (£12k)I understand there must be an agreement conforming to the strict regulations. If under £12K there must be correctly rendered invoices with signed and dated worksheets.

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A company usually gives 30 days from date of invoice - otehrwise they could be viewed to be as unfair terms of contract.

 

I actually meant that a company should give 30 days from date of invoice for payment to be due - sorry if I wasn't clear

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 2 weeks later...
I actually meant that a company should give 30 days from date of invoice for payment to be due - sorry if I wasn't clear

 

30 days is the "default" time for payment to be due, or before non payment action can be taken, if not specified on the invoice. A company/sole trader can put whatever payment terms they like on their invoices if it's in their normal trading terms.

 

My standard trading terms for non credit customers are payment within 14 days from invoice and I mail my invoices out promptly not after a year, it's printed on every invoice I raise and also in my full terms & conditions.

Regards,

 

Rod...

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hmmmm this is an interesting one, Mr Lula bought me an expensive (to my mind, £140) camera for my birthday last June, he paid on his credit card, and it has never appeared on the statements.

 

And Freaky. that avatar, self portrait is it lovvie? :D;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I understood that if you had not been invoiced within one year of the completion of the service, you have been provided with credit. If the amount is within the limitations of the Consumers Credit Act (£12k)I understand there must be an agreement conforming to the strict regulations. If under £12K there must be correctly rendered invoices with signed and dated worksheets.

 

Your correct if they 'allowed' you credit for more than 1 year they entered into a controlled agreement by default vis a vee Dimond v Lovell.

 

However IMHO the debt would still be enforceable with a court order as the court would probably consider 2 main points

 

The 1st being that you had the benefit of not paying for 1 year thereby accruing a profit in interest & 2nd was the work done to your satisfaction & if so the labourer is worthy of his hire.

 

Also I doubt the court would be sympathetic as they will say with some justification that you knew of the debt & therefore should have allowed for it in your budgeting

 

My advice is whilst explaining their invoice was unexpected to try & be reasonable by offering to pay what you can as soon as you can

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