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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Re: Connaught collections


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Hi again,

I am currently trying to write a letter to Connaught requesting for details relating the CCJ issued against me in 2001. Is there a standard 'type' letter that I could send asking for this information. I have also been trying to speak to Citizens Advice but unable to get in touch. Can anyone help me please.

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You wont find a template letter for this situation. What Connaught are trying to do is wrong. If you had a CCJ issued in 2001 it possibly would have been by Northampton Court, if you have been paying all that time then they HAVE to go back to court to get a further injunction, if not they still have to go back to court.

 

Either way they are trying to get you to admit you still have a liability for the whole amount of this debt.

 

I would contact the Registry Trust and see if there is anything registered against you, they are the people who supposedly would have 'passed' this information to Connaught. If they haven't got it then the CCJ is technically dead and Connaught would have to have substantially different grounds to reclaim against you.

 

I think it is Game Over in legal terms here....

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You wont find a template letter for this situation. What Connaught are trying to do is wrong. If you had a CCJ issued in 2001 it possibly would have been by Northampton Court, if you have been paying all that time then they HAVE to go back to court to get a further injunction, if not they still have to go back to court.

 

Either way they are trying to get you to admit you still have a liability for the whole amount of this debt.

 

I would contact the Registry Trust and see if there is anything registered against you, they are the people who supposedly would have 'passed' this information to Connaught. If they haven't got it then the CCJ is technically dead and Connaught would have to have substantially different grounds to reclaim against you.

 

I think it is Game Over in legal terms here....

or you could write

 

Dear Cretins

 

I am unaware of the CCJ you refer to. Please therefore send me the following details

 

1. Date and Court of Judgement

2. Court Reference Number

3. Details of Judgement

4. Details of the variation you refer to

On receipt of this information I will assess my liabilities if any as well as what further action I may need to take with regard to your recent threatening letters

 

yours etc

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Hi Sillygirl1,

Many thanks for you response. You mention Registry Trust - how do I get in touch with them???? and should I still send letter to Connaught asking for CCJ information?

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No, CCJs are normally only valid for 6 years, so if it isnt registered on there you should now go to Northampton Bulk Court and see if they have anything.

 

Either way, as I said earlier Connaught are now in BIG trouble and you should send their letter to the FOS with an explanation and complain about their attitude.

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