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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.

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      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.

Bryan Carter 2 ccj's 1 debt

nick49

By nick49
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nick49

nick49

Posted
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hi,

 

i had a credit card with egg and to sut a long story short didnt pay, the debt of around £2300 was passed to Bryan Carter to chase. they registered a ccj against me on the 21/05/07 this was not for the full amount but for £315 which i paid on the 13/9/07. i didnt contact them to pay the remainder although they did leave messages on my mobile, then on 19/12/2008 they registered another ccj against me for the remainder of the debt £2158 which i've made 2 payments towards. someone at work told me that they cant issue 2 ccj's for the same amount is this right?? and if it is how do i sort it?

 

thanks for any help you can give with this :)

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Ell-enn

Ell-enn

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Have you got a judgement order from the court for this second CCJ? or did you just get a letter from BC stating that he had got it?

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nick49

nick49

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hi, thanks for the reply, it was a while ago now but i do remember i did get the judgement order. when i got the first 1 i lived with my parents but moved out soon after, the 2nd ccj was also sent to their house, if i remember rightly i didnt get the letter til after the date of the court order as i wasnt going to my parents house much.

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Ell-enn

Ell-enn

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Are you absolutely sure that the Case Numbers aren't the same on both? Do you have copies of the court claims and orders?

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Ell-enn

Ell-enn

Posted
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Ok, these CCJ's will have been obtained by default via Northampton bulk court centre, especially the second one if you had moved home. There is no manual intervention at Northampton BCC so if you don't defend the Claimant just applies for the judgement by default and gets it automatically.

 

You have a case for getting the second one set-aside, but you need to ring Northampton BCC give them both case numbers and ask for a copy of all the paperwork. When you get that back from them we will see what can be done.

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nick49

nick49

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hi guys,

 

thanks for the replies, i'm starting to feel better about the situation now. i didnt call the court today as have been so busy with work. will do it tomorrow though.

 

i know this may not be the best place to ask but am i right in thinking you can still claim back charges from credit cards? i'm thinking about claiming them back from egg, where this all started

 

thanks again

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  • 1 month later...
Ell-enn

Ell-enn

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Nick, is there any update on this ?

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nick49

nick49

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hi,

 

sorry i've moved house recently (which has brought up other problems) so have not followed this up, i'll call the court tomorrow to get them to send out copies of the claims and let you know once they have

 

thanks,

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Ell-enn

Ell-enn

Posted
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Thanks Nick, it'll be interesting to see what the ccj's say. If they're both for the same debt then we need to get to work on sorting it out.

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

 

 

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  • 2 months later...
nick49

nick49

Posted
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hi,

 

sorry for taking so long to reply, with moving house and having a new job i've just been so busy. and to be honest the thing that reminded me was when i got a letter from the court saying i had to pay or they would be coming round!

 

i now have a copy of both of the claims, they have different case numbers but under where it has bryan carters contact details it has the same reference number for them. on the first one under the particulars of the claim it does say 'the claimant claims £223, such sum being part of a debt due under an agreement number xxx (the agreement) whereby the defendant agreed to pay the claimant £2231.67 (the debt). For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding'

does this mean the are ok to give me 2 ccj's for the same debt? i have no idea. :confused:

any help will be appreciated :)

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