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Thanks very much, would just be reassuring to know I still have options at that point, and can avert anything nasty if needs be? -
By London1971 · Posted
no need to do anything before a letter of claim, then you can come here and we will help you. Most of these debts are sold on for a few pence in the pound to DCA's, who will try and make you think that they have legal powers. Ask yourself the question why so cheap? -
Thanks, good to know. Is it best to engage with them once court proceedings begin? I've noticed advice on the thread saying ignore everything until Letter of Claim or notice of proceedings - so that suggests there is something I could do before/when that happens that is important? Would like to know what those actions/options are for me to take at that stage, to factor into my decision now weighing up the risks etc.
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6 years from date of DN/Last Payment to take you to court. Further 6 years to enforce the CCJ. -
Well I have none, so I think me telling them would be a proactive preventive step to "help" them weigh up whether to proceed with court action. Doubt they would do so if they knew it was a waste of time because I own nothing they can send bailiffs to or put a charging order on.
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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.
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.
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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