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    • Its just a case against a parcel delivery firm where parcel lost and a judge didnt agree that they were liable for more then insurance ws.   However my question is more about what the wording on the points of the order says which I copied above
    • Hi. I think we may need to know more about what has happened so far please, if you're able to tell us. HB
    • hi all, any feedback on the WS / bundle and the packlink invoice would be appreciated - they are attached in post #214 above. If no further amends are needed, please let me know. For reference, the date for filing the bundle is 24th May at the latest - this is 14 days before the hearing date of 7th June.
    • Hello, I'm wondering if someone can advise me on something. I'm appealing an order and have been asked to submit an appeal bundle and the below points are required to be included: 1) transcript of the judgment of the lower court on other record of reasons.  2) Statement of case. I'm wondering if anyone knows that "on other record of reasons" means. Also for statement of case would it just be a long document covering the reason for the claim, the findings of the lower court, why it was wrong and what I seek instead?   Thanks,
    • Hello, Thanks for the advice. I asserted my rights to reject and they accepted it and said they will refund me the full amount.  My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment.  I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car.  Is it likely they will drag on the process of collection and what can I do if they do?  Thanks!
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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.
      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.
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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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Susspended repo now eviction??***WON***


Mr Worried
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Great Stuff !! Well done for being so brave :)

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cream on the cake when you told her their not getting the £1000, bet her face was a picture

 

and well done for going all the way , and of course the thanks to those that have helped you through this

 

Kip

..

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Great Stuff !! Well done for being so brave :)

 

Cheers Ell

 

I never new a man could be so afraid, but once your there in front of the judge, they actually help you along and then it is great, I became more confident.

 

Thanks Thanks so much OH says she cant believe it and says all my time spent on forum has paid off.

 

Mr W

Regards..Mr Worried :)

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Cheers Ell

 

I never new a man could be so afraid, but once your there in front of the judge, they actually help you along and then it is great, I became more confident.

 

Thanks Thanks so much OH says she cant believe it and says all my time spent on forum has paid off.

 

Mr W

 

Told you the judge would be ok with you ;):)

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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Well done Mr W

 

Ell-enn 150 - Mortgage Companies - 0

 

Gutted, the judge on mine made me pay the £1500 on the day :(

 

 

Unfortunately it's not a zero score for the mortgage companies :( there were a few cases where the judge was either a complete numpty or the debtor had no way of paying the arrears or even the mortgage :( The introduction of the Mortgage Arrears Protocols has helped greatly in the last year or so and judges have tended to favour the debtor more, especially where the sub prime lenders are concerned.

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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Fantastic! Not Mr Worried now I hope.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Fantastic! Not Mr Worried now I hope.:p

 

Hi caro

 

I am still Mr W, as I was when I first registered but with the help from the Cagers, maybe I should change my name to..' Mr not so worried'.

 

Onwards and upwards.

 

Thanks to all

 

Mr W

Regards..Mr Worried :)

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Told you the judge would be ok with you ;):)

 

Hi Ell.

 

The judge was a great help, and it felt like he was on my side, he kept telling the solicitor for Future to communicate with her client.

 

She went beetroot red at one point when the judge asked her a question, she had no answer and so I passed her my paperwork , to which the judge old me to remove.

 

It was a good experience today , however without the help off 'you lot' it could have been a lot worse

 

AWESOME

 

Mr W

Regards..Mr Worried :)

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cream on the cake when you told her their not getting the £1000, bet her face was a picture

 

and well done for going all the way , and of course the thanks to those that have helped you through this

 

Kip

 

Hi Kip

 

Cream on the cake, it was fantastic, the solicitor actually stuttered at times, and her face was all red.

 

After the hearing she said, do you want me to explain what happened, I said ...no, I fully understood, and she still tried to explain saying if you dont do this etc.

 

RESULT FOR US ALL.

Edited by Mr Worried
TYPO

Regards..Mr Worried :)

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Bite size pieces Mr not so worried.

 

You've made good progress but it's vital that you keep up with both your payments and the arrears or there's a good chance that you'll find Future try and get you out again.

 

I'm sure I don't need to tell you that you need to take back control of all your finances.

 

These links may help.

 

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/120603-how-get-out-debt.html

 

http://www.consumeractiongroup.co.uk/forum/debt-management-debt-self/73030-taking-back-control-your.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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