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By Badtimes123 · Posted
I'm not sure on the best option here, I'm happy to go with Tomlin, however I can afford to pay this one in full if needed and wonder whether I should be trying to get a reduced amount, perhaps in the court hallway before going in? that would require submitting a WS of some sort. What I 'like' (strong word) about TO in this instance, is that it allows me to keep my savings to hand for further accounts needing attention in the near future and I would hope gives me some control over the pcm amount.. I've read a number of TO threads now (fell to sleep at the keyboard last night ) but have a few questions please: - Do I specify the payment arrangement in a TO or the claimant? I'm thinking 20% lump upfront plus 96 months of circa 60 squid. - Who decides repayment amounts if CCJ is granted? if the judge, then do I submit I&E at any point? Given the amount of total debt across all my claims, I need to ensure anything I commit to is future proofed. I wouldn't want all my disposable income sent to this one debt, only to have another one in a month or two. -
By honeybee13 · Posted
I'm sure I've said before that it's fine and dandy bringing in rules that favour you or your party, but you have to consider how it would play out if your opponents get in and want to use the same rules... -
Its Gaelic celebration and bonfires today - Beltane Quite fortuitous for tomorrow lets hope -
look on the bright side - it would allow Biden to do what he likes ...
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If you are buying a used car – you need to read this survival guide.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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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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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