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Have you started your claim with this organisation or not? -
But I thought the debt could incur fees and added costs once it's in the court process and end up being more over time? And that the court can order you to pay in full or in instalments - what if they order that and I can't/don't pay? Are there any legal consequences other than having an unsettled CCJ on your credit file? -
I have a 5 year rental contract registered in the court abroad, will that suffice as evidence of living abroad? Apart from that, I just have a residency card which is issued and renewed every 6 months, they don't give me longer than that.
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By London1971 · Posted
Even you lost a court case, there is quite literally nothing they can do, if you have no assets. They certainly have no way of chasing you abroad, other than a few letters. -
Thanks to you both, I will go ahead an inform them of my address abroad. Does living abroad and having zero assets in the UK make it less likely a DCA will take legal action to recover the debt? I know you say DCAs don't have any legal powers but they can instruct solicitors and bring a case against me so I'd end up with the courts on my back - how likely is that given all my debts above?
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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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