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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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      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.

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      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.

Repossesion hearing questions. SUSPENDED

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miziwizzi

miziwizzi

Posted
Posted

Hi guys,

 

wondering if you can shed some light on this issue?

 

A court date has been set for repossesion, notification of this was received by the solicitors acting for the bank but following this 2/3 of arrears were paid. No furher correspondance recieved and nothing ever received from the courts themselves.

 

At the back end of last week, particulars of claim received from solicitors stating this is which they would be relying on in court on the 29th March, but still no papers received from the court.

 

2 days later further confirmation latter from solicitors only this time the date of case is listed as the 20th (tomorrow).

 

Telephoned courts to ask about paper work from them, to which they state should have been received. The solicitors were somewhat terse when I pointed out their dates!

 

 

Is there any cause to get this stopped /postponed?

 

The most annoying bit is if the date were the 29th all arrears would actually be cleared prior to then but unable to do by the morning.

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miziwizzi

Posted
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Hi guys,

 

wondering if you can shed some light on this issue?

 

A court date has been set for repossesion, notification of this was received by the solicitors acting for the bank but following this 2/3 of arrears were paid. No furher correspondance recieved and nothing ever received from the courts themselves.

 

At the back end of last week, particulars of claim received from solicitors stating this is which they would be relying on in court on the 29th March, but still no papers received from the court.

 

2 days later further confirmation latter from solicitors only this time the date of case is listed as the 20th (tomorrow).

 

Telephoned courts to ask about paper work from them, to which they state should have been received. The solicitors were somewhat terse when I pointed out their dates!

 

 

Is there any cause to get this stopped /postponed?

 

The most annoying bit is if the date were the 29th all arrears would actually be cleared prior to then but unable to do by the morning.

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Ell-enn

Ell-enn

Posted
Posted

Hi there, so is the court hearing actually tomorrow and not the 29th?

 

If so you should take a statement to court with you explaining the circumstances surrounding the mix up of dates/non receipt of defence form from the court and the payments you have made.

 

I can help you draft a statement if you need me to - please let me know asap as I will need quite a few details from you in order to proceed.

 

A further point - if your arrears are less than 2 months then they cannot get possession, nor should they be taking you to court!

 

Ell-enn

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Ell-enn

Ell-enn

Posted
Posted

Hi there, so is the court hearing actually tomorrow and not the 29th?

 

If so you should take a statement to court with you explaining the circumstances surrounding the mix up of dates/non receipt of defence form from the court and the payments you have made.

 

I can help you draft a statement if you need me to - please let me know asap as I will need quite a few details from you in order to proceed.

 

A further point - if your arrears are less than 2 months then they cannot get possession, nor should they be taking you to court!

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

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Ell-enn

Ell-enn

Posted
Posted

Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

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miziwizzi

miziwizzi

Posted
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Posted (edited)
Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

 

 

Yes most deffinatley able to offer, in fact able to pay whole amount but not until the 25th

amount outstanding is £2590, which is just over 3 months in arrears, can manage to pay £500 tonight.first thing in morning to bring it to just under 3b months, do you think there is any upshot of that at this point?

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miziwizzi

miziwizzi

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

 

 

Yes most deffinatley able to offer, in fact able to pay whole amount but not until the 25th

amount outstanding is £2590, which is just over 3 months in arrears, can manage to pay £500 tonight.first thing in morning to bring it to just under 3b months, do you think there is any upshot of that at this point?

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Ell-enn

Ell-enn

Posted
Posted

Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

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Ell-enn

Ell-enn

Posted
Posted

Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

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miziwizzi

miziwizzi

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

 

 

would be able to show past pay slip to show income yes.

 

basically we have had a bit of a run of few things happening and have robbed peter to pay paul, nearly out of it, just this one left then totally straight again, its not an income thing as such just accumilation of rising costs plus hubby had car accident and has not recovered all expenses there as yet but had to purchase new car in order to work etc.

 

 

Last month we had far worse arrears and on the 12th feb paid £3500

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miziwizzi

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

 

 

would be able to show past pay slip to show income yes.

 

basically we have had a bit of a run of few things happening and have robbed peter to pay paul, nearly out of it, just this one left then totally straight again, its not an income thing as such just accumilation of rising costs plus hubby had car accident and has not recovered all expenses there as yet but had to purchase new car in order to work etc.

 

 

Last month we had far worse arrears and on the 12th feb paid £3500

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Ell-enn

Ell-enn

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Posted

OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

Help us to keep on helping

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Ell-enn

Ell-enn

Posted
Posted

OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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miziwizzi

miziwizzi

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

 

 

 

Mortage is only in husbands name

 

yes 4 children

 

and yes only yesterday we told Hamlins had case been on 29th as their letter indicated it would of been cleared as able to do so on 25th, they however are not interested, its all now or nothing.

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miziwizzi

miziwizzi

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

 

 

 

Mortage is only in husbands name

 

yes 4 children

 

and yes only yesterday we told Hamlins had case been on 29th as their letter indicated it would of been cleared as able to do so on 25th, they however are not interested, its all now or nothing.

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Ell-enn

Ell-enn

Posted
Posted

Sorry, just one more question - when did you pay the £3500?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

Sorry, just one more question - when did you pay the £3500?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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miziwizzi

miziwizzi

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just double checked that, no idea why but money left account on the 12th feb however instruction date was the 10th.

 

abbey account and abbey mortage so no idea why it was not instantly out of account, not that that matters?

 

Do you think theres any point in making £500 payment this evening or in morning?

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