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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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.
      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.
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      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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In 2003 we moved to Spain and bought a property. My husband had a good job in London and commuted to Spain at weekends.

 

To start with everything was fine but when the exchange rate went pear shaped we lost a third of our income.

 

I've always been hopeless with figures while my husband has a mind like a calculator, so he has always taken care of the finances.

 

It was only when our bank account was frozen that I realised we had a serious problem. We were in arrears with out mortgage. The bank informed us that as soon as the arrears went into the 3rd month, they would start repossession. They wouldn't discuss any options because we were in arrears.

 

I then discovered that my husband had run up a large amount of debt in the Uk, some in joint names.

 

My MIL very kindly stepped in and helped us out with the mortgage. I was able to get a long term temporary work contract as well as some private teaching and we started to rent out our home to holidaymakers, moving in and out as necessary.

 

I researched our options and made an appointment for my husband to go and get an IVA set up to deal with the UK debt.

 

All my private teaching money went into the safe in order to build a small cushion for emergencies.

 

We also put the house on the market.

 

My husband was very sorry that he hadn't told me we were having such difficulties, but promised that in future he would be open about everything.

 

Three years ago, he was made redundant. My first thought was to drop the house price and talk to the bank but my husband refused as he believed he would find work. I remember him saying that if he found work within a couple of months we would be laughing as we had the redundancy payment in the bank.

 

He is now working, self employed in Spain. He had to buy a car and various things from his payout, but the rest went into the bank.

 

In November my contract ended and I signed on as unemployed. At this point I suggested that we drop the house price and ask the bank for a period of interest only. This time my husband agreed.

 

The bank asked for credit reports and at this point I discovered that there was hardly any redundancy money left. My husband had spent the money I had saved (even though he had repeadedly told me it was there) and the IVA that he had always told me was up to date, had never existed. He has lied to me for years, all the while I stupidly trusted him. I won't make that mistake again.

 

It took four months to get my credit report and for the bank to come to a decision,. They withdrew their first offer when they found out we had defaulted debts and charged us €1400 to change the mortgage. We have until Sept 2013 to sell before the mortgage goes back up.

 

Meanwhile our calculations have come unstuck as the rentals haven't been as good this year and my husbands commision only salary is only bringing in half what he thought ot would. Being self employed is very expensive here as you have to pay €174 autonomo (social security) even if you don't earn anything. We are finding that if my husband earns €1500 per month, €1000 of that goes on Autonomo, the lawyers fee for dealing with the autonomo, tax and essential petrol. What's left doesn't cover anything.

 

While I don't mind living on a shoestring and having no social life, but I feel like a second class citizen for not paying our debts. I'm unable to help my kids who are srtuggling financially which is breaking my heart. I am just thankful that they have left home and are of an age to understand why they didn't get anything at Christmas or for birthdays. I really feel for anyone in this situation with young children to consider. I live in dread of my daughter deciding to get married. I'm sure my son's decision not to attend his graduation is because he knows we would really struugle to get there.

 

Looking at our finances this week, I don't think we can hold out past October. The situation is a nightmare. We can't return to the UK unless we can find work first as we won't be eligible for benefits. Yet if we stay here, we can't afford the mortgage. Even if we can find work, the delay in getting the reduction on our mortgage has cost us all the money we had left and I can't see how we would live until the first payday.

 

We have a viewing on the house next week, but I'm trying not to be too hopeful. After that we will reduce the price further. We are reaching the point though where we'll be lucky to come out with enough to buy anything else, but if we can clear the mortgage that will be good.

 

Somehow my husband manages to shut off from the worry. It hangs over me constantly. I can't enjoy anything and feel sick all the time. Needless to say, sleep doesn't go well.I need to keep busy and I'm spending hours on the computer trying to learn internet marketing or anything to bring some money in, but it is constantly on my mind.

 

I don't have anyone to talk to. Friends know we are struggling, but not the extent as if that got out, it could adversely affect my husband's business.

 

If we can't sell, we will never own property again as we are in our fifties with a bad credit record.

 

I can understand absolutely how people become suicidal with debt problems. I would never do that to my kids, but I do undertand it.

 

I know that there is nobody to blame for our situation but ourselves. I just wish I could see a way out.

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Having been moved, I'm not sure whether to reply to conniff here or there. LOL.

 

The debts are with first direct bank, Amex, Paragon, M&S, RBS in my husbands name, about £74000 and then in my name there are two to Mkdp Lip (I have no idea who that is) one for 4303 and the other I'm not even sure what I owe, the current balance is 2200 and the delinquent balance 3332. I guess it will be the higher figure.

 

There's also a CCJ, but that is the same amount as one on my husbands which was settled, so I think that is settled. I'm getting my husband to write to the court to ask. He put it there, so I'd like him to deal with it, if possible.

 

One has a default date of 9/08 and the other 5/09.

 

I never received any corresspondance about any of the debts, which is surprising as we had joint accounts at First Direct and they had my address in Spain. They presumably sent everything to my husbands UK address.

 

I don't know if there would be any point in me trying to get a note put onto my file to say that I had no idea of the debts or not.

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Will you husband be happy for this to be talked about here ? No one will want any personal details.

 

More details would be needed so we can see about claiming back penalty charges etc that will undoubtedly have been placed on them all.

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To be honest, I'm not too worried about my husbands sensibilities at the moment. I don't think he would mind though, as long as he's not identified.

 

The thing is that at the moment we can't even begin to pay them back, so I feel more inclined just to wait out the six years and let them become statute barred, seeing as we're about half way there.

 

However, I'm open to advice, especially as we are thinking of returning to the UK and I don't want creditors on my doorstep.

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That's a chance you will have to take. If any of them get a ccj then they won't become statute barred, whoever owns them just has to visit the court and ask can I resume collection.Also if they continue to chase but you ignore, that wont count either.

 

So you will need statements to show if there has been any penalties which you can claim back and dig out any agreements for the loans to see if there any mis-sold ppi that can be claimed back. Sometimes there is enough to reclaim that can wipe out a debt.

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I believe that the CCJs have been settled. My husband's definitely have. I think mine is the same as one of his, so it should be settled too.

 

There wouldn't have been any PPI and I don't belive my husband has any paperwork for agreements. I don't think we have any option other than to pay up or ignore them and as we are struggling to pay the morgage, payment isn't an option at the moment.

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Oh dear, I hadn't even thought about the defaulted debts being turned into CCJs at this stage. Something else to worry about.

 

By "Them", I meant the defaulted debts.

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The ones in my husbands name are with Amex x 2, Preference Cards, First Direct x 2, Lowell Portfolio credit card, M&S credit card, Royal Bank of Scotland credit card.

 

In my name I have 2 for Mkdp Lip (I've no idea who that is) but they say current account and the only current accounts that I had were with First Direct.

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Gosh this is hard work.

 

2 Credit cards with American Express

 

2 Credit cards with First direct

 

Lowell Portfolio are a debt collecting company so who are the credit cards with, have Lowell bought the debt, collecting on behalf of or what?

 

1 M & S credit card

 

1 RBS Credit card

 

...........

 

2 debts with Mkdp Lip who are a debt collecting company, so who debts are these, are they collecting on behalf of some one or have they bought the debt ?

 

Are these demands all to UK addresses or are you receiving them at your address in Spain ?

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Sorry to be a pain, I really do appreciate you trying to help.

 

I don't really know how to find out about whether the debt collectors have bought the debts or not. In the hope that they might become statute barred, I haven't wanted to contact anyone about them. What are the implications?

 

Other than knowing that my only accounts were with First Direct, I have no idea what the others were for. This is clearly a ridiculous situation, so I am going to have to pin my husband down and try to extract some more information from him. I'll get nowhere tonight with the football on TV. Tomorrow will be a better bet.

 

As far as I'm aware there has been no correspondance sent to Spain at all. It will have gone to the UK address my husband had three years ago. This is why it all came as a shock to me.

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The debts to Mkdp Lip and Lowell are both from First Direct. One is a joint one, but on my husband's report the debt is still owing to First Direct. The other is in my name.

 

I have no idea f they have been sold on or if they are just being collected on behalf of First Direct.

 

I don't know why First Direct never contacted me about the debts as they had my address in Spain. Not that it would have helped, by then the damage was done and we had no money.

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