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By theoldrouge · Posted
The latest polls say otherwise Party support: 3 June 2024 LAB 45% (40-50%) CON 24% (19-29%) REF 11% (8-14%) LD 10% (7-13%) GRN 5% (2-8%) SNP 3% (2-4%) PC 1% (<1-2%) -
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Oh, one other thing. It may sound a silly question, but as they say - silly questions are better than silly mistakes. The correspondence address in the current case and the previous one is correct and current. I've never actually written to the banks to confirm my address, as is regularly advised, because I presumed if Moriarty/IDR/J&P are using that address, there would be no need to. So because both cases seem to have my address correct, should I still write to the bank or take it that there's no need in this instance? -
Yep, that's it @dx100uk - thanks for the clarification. My bad... Cheers again for all your help 👍
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Hi all Just coming back to this Forum, as it helped me so much a few years back with ADCB/Moriarty. So I've had the circulars from IDR chasing Emirates NBD debt. They've been on and off over past few years, seem to be a run of letters, emails SMS and then go quiet, then start again. A few months ago, same started with J&P, just a basic letter, email, sms asking to get in contact. Then last week I saw an email from Emirates NBD saying J&P were acting on their behalf. Up to this point, the main thrust of the letter seems to be please contact us, or contact ENBD about payment. Then I received a letter - I can't scan/upload it at this time but I will as soon as I can - which appears to be similar to what I've seen on other threads. Namely giving bank details of ENBD, saying they've been "instructed to pursue action", and saying they've enclosed a copy of Information Sheet, Reply Form in compliance of Pre-Action Protocol They state I have 30 days from date on letter to reply, and "if you fail to do so our client may have no option but to pursue further action against you". I'm of the view, as per advice on other threads and my experience with the other lender/company, to reply as per thread #5 in the main thread. On the basis that I wouldn't wish to give them ammunition by not replying or missing the opportunity. I'm aware that on some threads, in similar situation, one poster had been advised by sols not to reply and apparently J&P didn't progress from there, other than sending same requests. I feel these things are always down to the individual's choice, and I'm keen to see what others may have done/may be doing so will actively read other threads also. Please feel free to ask if I can help with anything, or share any opinions, and in the meantime I'll get the uploads done ASAP. Thanks again for everyone's help in the past, and hopefully the future, and good luck to all
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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.
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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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