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By mystic_bertie · Posted
Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it. These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online. I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs. They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork. I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals. I can post a copy of the notice if needed. -
yes a judgement sorry I used the wrong word before -
dont need any for now jusr send them
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By LouLouDev79 · Posted
Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer. They then attached a copy of the deed of assignment and a new witness statement. They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided? Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post). This is a clear pattern of how these solicitors work rather than it being a one off oversight! -
I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent. We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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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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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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