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    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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.

      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.
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      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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possible barred old mortgage loan


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Perhaps a subject access request to Bradford and Bingley might be a good tool here to find out what has happened over the years, particularly after your parents seperated as it is not known whether your mother did something to acknowledge the debt (like making payments) which could be considered to be acknowledgement on behalf of both parties.

 

The other benefit of this is that the mortgage is very old and they may have difficulty proving the debt so you could potentially get rid of the whole thing rather than just take issue with the actions of the agency collecting it.

 

KC :)

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  • 2 years later...

Thanks guys sorry its a late reply father has received a call the other day, saying that he owed money from mortgage. think they were from Bradford & Bingley he managed to put the phone down but I think he confirmed dob and stuff. as father doesn't think straight sometimes. he then received a letter saying that the house he lived in was sold for less money and the want the remainder.

The number he had to call was 08448921912 My father says he is worried in case they come to the house Even though I have explain the law to him.

 

I cant beleave that people can get away with this I know that my mam would never have paid them as she was going to fight them to the end my mam did pay a something as my father must have signed something

 

I do have a folder with lots of letters in I think i will have a look at these se what's there

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  • 11 months later...

Hi people I know its been a while father is now been contacted by a new dca.I think is he gets really worried in case someone comes to the house. I don't live far way but he just doesn't understand.

I have blocked these people on his call blocker now:-)

 

I know my late mother was paying for him. thing is he may be able to get legal aid but he worries about money and he wont go out the house. they have still Not provided a signature I did speak to a legal person they said its quite hard to prove.

 

I told him to ignore them but maybe i should try and explain the legal side to them but an ex solicitor did write some letters to them and they was saying its still not barred i am sure the courts would like this. Thing is I have lots of stress/anxiety too so it doesn't help.

 

I don't think they would take him to court anyway now as lots of time has gone by.

 

thanks guys

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