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Update: tfl is taking me to court I'm trying to get an ooc claim from them but they have not been replying to my emails. -
By UsedCarMan · Posted
Are these the important pages I need to upload ? 1. pages 1-4 are court form 10a 2. 2 pages of the CCA agreement 3. Default notice from NewDay, 22/02/20 4. Lowell letter stating they own debt , Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,” to Lowell on 23/10/20 I make this 9 relevant pages from what I can see ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you UCM -
Just out of curiosity aesmith - are you a lawyer? -
I spoke to a pro-bono entity this afternoon. They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale. I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings has told me that I cannot force the lender to sell and the lender cannot interfere either. If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker - the other entity - with a charge already - could use that to make an application for an order for sale.
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Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
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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
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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