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By Ethel Street · Posted
You apparently don't even know if there was. CCJ so I wouldn't worry about it. And if there had been a CCJ why might it not have been enforced up to now? You are right that if the CCJ exists it is possible for a debtor (not a debt collector unless they have bought the debt) to apply for a court order to enforce after six years but this would be very hard for them to get. I can't remember when I last saw a successful case of this happening although it does happen from time to time. They would have to show exceptional circumstances why they had not enforced before. eg you had been out of the country ever since and only just returned. They would apply to the court under CPR rule 83.2. That requires them to "identify" the debt but doesn't define how. That would be up to the judge. I'm not a lawyer and I can't tell you if any court cases have decided what "identify" means but I'd expect the judge to want to see the original CCJ. Unless there's a back story here that you haven't told us I can't see you have anything to worry about. -
By WantJustice · Posted
Not forgetting additional confusion about it changing from FCA Automotive Services UK Limited to CA Auto Finance UK Limited without ever being informed. -
what did you send and to whom?
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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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