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


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    • cpd1973_UK094578
      Hello

      By cpd1973_UK094578 · Posted

      I find that highly disrespectful Sir/Madam just so you know.
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      Hello

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      Not quite sure what you are trying to say but anyway please could you avoid posting solid blocks of text because it is extremely difficult for people to follow – especially if they are using small screen such as telephones. I have restructured your post above. Properly spaced and punctuated please. Thanks
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      I have received an email from town and country on behalf of everday loans. I assume I don’t reply to the email?   Any advice appreciated 
    • cpd1973_UK094578
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      Hello, my name is Chris and aswell as saying hello, am checking my posts pop out nicely.  I have  an ongoing problem with British Gas(which shouldn't have become a problem at all), which has cannonballed into recently involving the Energy Ombudsman, Ofgem and I even, hasten to add our government because I am at wit's end. I have a couple of questions. What I write is likely to be mammoth size, I really would like to indicate why I am at wit's end, and as far as I am concerned (conjecture and opinion) its an indication of the inadequacy of our country's system that since and including John Major has been deliberately brought in to be such. Anyway hello and my 2 questions are ' Can I post photos and if so how, are there any instructions?'  and secondly,  ' To what extent can I mention names in what I post, first names only, second names? only, both allowed where known? quoting or gist acceptable, do I need to even though its case and should be anyway, state it's a truthful and honest account?'  It's been ongoing for over a year now on something which I am guessing should get sorted in maybe a month for most people, and I would actually like to go into fuller details than I've even said to them because I feel its important you know that I HAVE been significantly hindered and am living under that still as I speak/type.  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

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      Well, Have we all got our piccy id ready to start taking out the Tories err Trash in the locals?

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

VG - Vs Northen Rock - Charging Order

Von Greenbach

By Von Greenbach
in Mortgages and Secured Loans

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Von Greenbach

Von Greenbach

Posted
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Posted

Hi Martin

Yes this seems to be the consensus-especially as you will be able to show the paperwork.

Question is,theres not a lot of time left-so will need to find one that can fit you in pronto.

I agree, I'm at the stage where I need legal rep, I've just spoken to another solicitor who stated "as I admitted the claim, it cannot be overturned" regardless of signing under duress, or any defective DN.

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MARTIN3030

MARTIN3030

Posted
Posted

So its decision time, in the absence of overturning the CO then to be realistic efforts and attentions need to be concentrated on preparing to get the best out of what options remain.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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sequenci

sequenci

Posted
Posted
Hi Martin

 

I believe my options are limited in that there's nothing I can do to stop the CO being awarded :confused:

 

Hey there.

 

Do you have children living with you? Am I right that the property is jointly owned?

 

Cheers,

 

Seq.

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sequenci

sequenci

Posted
Posted
Hi Seq

 

No

 

Yes

 

Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

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Von Greenbach

Von Greenbach

Posted
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Thanks for that.

 

Let's say that the credit is given their charging order. You should ask the court to allow it to be granted with a condition attached that the creditor would not be allowed to apply for an order for sale so long as you keep up with a monthly instalment. You should also ensure that post-judgment interest is not applied.

Thank you Seq, I'll make a note of your comments.

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sequenci

sequenci

Posted
Posted
Thank you Seq, I'll make a note of your comments.

 

No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

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Von Greenbach

Von Greenbach

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No worries, I was just looking at a worst-case scenario. I'm hoping that it doesn't come the the charging order but I like to try and cover all situations!

My situation has taken a turn for the better Seq, can't say to much here at this time ;)

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Von Greenbach

Von Greenbach

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I attended a recent set aside / CO hearing.

 

I want to appeal on the judge dismissing my set aside application, the judge dismissed because I signed the N1 claim admitting the debt.

 

I suffer with depression, on the day I signed the claim form I was experiencing a "bad" day and not thinking straight, hence admitted the claim.

 

Within my set aside application my GP wrote to the court informing them of my medical condition, but the judge refused to take any notice and completly ignored it, stating I admitted the claim.

 

I had no reason to admit the claim due to them issuing a defective DN & terminating the agreement (terminated before 14 days were up) prior to the claim coming through.

 

What are the chances of me appealing on the judge dismissing my set aside application stating I admitted the claim in error / under duress due to having an "off" day as per my condition, is this a justifiable reason?

 

I have a hearing in 3 weeks for the CO to be made final.

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Von Greenbach

Von Greenbach

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Thx Jon

 

The letter suppllied to the court by my GP confirmed my condition / / specialist I've been treated by / number of years I've suffered / daily medication, but the judge just ignored it.

 

Do I need to obtain further evidence, or just re submit that letter within my appeal?

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babybear39

babybear39

Posted
Posted

The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this :-x

 

It makes me furious to read posts such as yours because people with health issues of any kind are so often ignored by the system.

 

Write to your MP as a matter of urgency asking them for help with this.

 

Report the original creditor or DCA chasing this to TS and the OFT stating that you have health problems and felt psychologically harassed in to admitting this claim.

 

Good luck and best wishes,

 

BB.

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Pinky69

Pinky69

Posted
Posted

I think all you can do is submit your medical letter with the Appeal. However, my understanding is that it wouldn't be enough just to say you were on meds and had an "off" day. I think in law the proof needs to be that you completed the N1 whilst the balance of the mind was disturbed ie you were mentally ill at the time and didn't know what you were doing. That would have to be confirmed by a psychiatrist so if you wanted to go down that route you would have to ask your doctor to refer you to a psychiatrist for a report for the court. Of course, the psychiatrist might not agree you were ill at the time, just confused, and I doubt that would meet the standards of the court. for proof that you didn't know what you were doing. Pity you hadn't waited until you felt better or asked someone else to complete it on your behalf or check it given that you were having an off day. I would discuss it again with your doctor.

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Von Greenbach

Von Greenbach

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The judge should have looked seriously at the medical evidence supplied. If it were me I'd go to the next hearing with a copy and explain or get someone else to explain for you the circumstances surrounding this :-x

I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

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babybear39

babybear39

Posted
Posted

I see what you're saying Pinky but surely the court has to take in to account such evidence, especially with a vulnerable person?

 

VG, do you have a psychiatrist at the moment, if so, ask him/her to provide a letter for you.

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babybear39

babybear39

Posted
Posted
I tried to explain during my hearing about my medical condition, and requested to the judge to look at it, he just ignored me.

 

I stated I suffer with panic attacks and said I was starting to panic, again, he just ignored me.

 

It makes me sick reading your post :(

 

Vulnerable people have rights and should not be ignored :mad:

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