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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

      BankFodder posted a post in a topic,

      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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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Change over from csa to cms has left a month void in receipt of maintenance

Hadituptohere

By Hadituptohere
in CSA Issues

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Hadituptohere

Hadituptohere

Posted
Posted

HI, just wondering if anyone can help at all plz, im in receipt of payments fro my ex for our 2 children that live with me throughout the week and visit their mother 6 nights per month plus 2 weeks holidays.

 

The CSA closed there file on the 11th Feb but collected the arrears on the schedule, CMA have assessed payments but starting the 7th March leaving quite a shortfall in payment.

 

Ive been on the telephone to both companies and told theres nothing they can do about the period in between which is alomst a months payment.. is this right as they both state that the paying parent has a legal obligation to pay????

 

This has also gone the same as receiving nothing for the first 14 months of our separation..

 

No wonder my ex first agreed to direct payment and then worked the system, its the children i feel sorry for not myself..

 

Any advise would be appreciated as to what i can do

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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  • 2 weeks later...
Hadituptohere

Hadituptohere

Posted
  • Author
Posted

since my ex has refused to pay for the month that has lapsed whilst the csa and cma changeover has taken place and the fact she has a legal obligation to pay, would the small claims court deal with this none payment??

 

Plz again any advise appreciated

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Hi

Ive posted on CSA matters and not received any suggestions or help, just wondering if anyone can please advise if small claims court would deal with my current situation of Maintenance payments..

thanks in advance

 

hadituptohere

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475401-Change-over-from-csa-to-cms-has-left-a-month-void-in-receipt-of-maintenance&p=5008297#post5008297

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hadituptohere

Hadituptohere

Posted
  • Author
Posted

Ive had point blank refusal to pay the monies that would have been paid under the CSA that closed on the 11th feb, we had a verbal agreement for her to pay direct rather than use the new CMA system for her to then disagree on how much to pay despite having a forecast of scheduled payments had the CSA still been dealing with our case.. \The CMA have now done their calculations and it works out less than the CSA also the CMA only started on the 7th March due to the reversal of our verbal agreement on her behalf and as the account wasnt set up with 30 days before her next pay date the children will now receive payment on the 26th April, 2 and a half moths with no payment?? But the cma have added a few pounds over the 12 moths to cover the arrears from the 7th March to the 26th April??? Its a complete joke.. and they state that the paying parent has a legal obligation to pay?? it seems theres such a loop hole to be played!!

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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BankFodder

BankFodder

Posted
Posted

if you could tell us what part,titular law is involved. Then we might be able to give you an opinion. It. may be that CSA is not a very strong area for us

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Guest Mrs Hobbit

Guest Mrs Hobbit

Posted
Posted

Problem is you have a verbal agreement and from what i have learnt the Small Claims Court isn't the place for this. The CMA should be able to advise you regarding an attachment of earnings.

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