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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
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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
        • Like

is my card statute barred - SCotland


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Hi all

 

 

Need a bit of advice please and I'll try and be as brief as possible.

 

 

Had an issue for the last 5 years almost with a M&S card

 

I have CCA them and they cannot show me a legal agreement despite many threats of court action and several DCA chasing me.

 

A weird thing happened about 18 month ago when it disappeared from my credit file for about 3 month

and then re-appeared under the DCA Merlin who were the ones chasing at this point.

 

I would now like this permanently removed from my Credit File but it now looks like its only existed for 18 months so what should I do

 

1. Write to Marlin and ask them to explain why this debt looks like its only 18 month old when I have several letters going back years or

 

2. Sent the SB letter to M&S ? (also can somebody link me to the SB letter please.)

 

As always any advice very very gratefully received

 

 

S

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tell us the history first please

 

when did you last make a payment

has this a defaulted date?

is this the same as when it was shown under M&S?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX

 

Ok sorry so last payment was around May/June 2009

- it was defaulted by them Sept 2009 (I have their letter telling me the account is now in default)

and yes its the same account number as it was under M&S as it is now under Marlin

 

Does that help ?

 

Regards

 

S

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is the original default date the same as under marlin

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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now that Im not sure of -

they haven't mentioned that

- all they did was state they were action on behalf of M&S

 

I asked them to provide a CCA as per all DCAs before they couldn't

and could only let me see an incomplete application form,

 

Should I write to Marlin and say my view is this account is statue barred and see what they say ?

 

 

s

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ok so from the original entry default by M&S you can claim its extinguished in Scotland

 

forget the marlin one, that after they wish to argue

will be passed by anyhow.

 

so if the original M&S default date in the summary line is now +5yrs old

 

send them [marlin] the Scottish sb letter from the green top library tab

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When did you enter into the agreement with M&S and was it a store card which was then upgrated to a credit card ?

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