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have you moved since 2016 deferment? dx -
By Sarahswoes · Posted
Thank you so much! I'll revise. -
thats not a witness statement. you need to follow the format of the ones you are reading on those threads. the DN does have a date on it 2018-10-02 the dn was issued almost 3 yrs after your last successful deferment ....debt should be statute barred and you've already reached age write off you mention earlier too? alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the date of last successful returned deferement form. . 1 The Claimant's claim was issued on dd/mm/yyyy. 2.The date of my last deferment was (date) 3.The Default Notice was issued dd/mm/yyyy and served xx yrs and xx months after the initial breach thus the cause of action was delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.
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By Sarahswoes · Posted
Please find attached a letter draft. I have no idea what I'm supposed to do so I apologise in advance if it's all wrong. Letter draft.pdf -
By BankFodder · Posted
Please will you make sure that you do lots of reading on the subforum so that you see other people's experience and also understand the principles involved. The chain of dispatch and delivery is unusual in your case and we will need to ask further questions in order to understand all the details. I'm not able to put these questions you right now but please will you stand by for a further response tomorrow and be prepared to give a rather clearer explanation as what you have described is difficult to understand at the moment.
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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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