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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

My Brothers Problem Please Help

shammy36
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shammy36

shammy36

Posted
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Hello All.

 

Been around cag for a long time now and have learned a lot , but i think iam going to need a bit of help with this one.

 

My brother is a self employed builder and over the last year or so he has seen a big drop in work. i didnt know how bad his problems was until he spilled the beans and told me he was in court with his mortgage company for repo as he had arrears of nearly seven thousand pounds.

 

I went with him and with knowledge learned from cag we managed to get him a susspended repo under norgan.

He made a few payments and seemed to be managing ok.

 

Then in july he caught two guys breaking into his van , a struggle insued that resulted in a clash of heads and lots of blood , even so he managed to hold the one guy there until the police arrived.

 

The police came back and thanked him for what he had done , but said that they had to tell him the guy was a drug addict and also hepititus c.

 

The change in him is unbeliveable , the doctor has signed him off sick(for the first time in his working life) and he wont go out of the house for fear of reprisals , he also has to undergo a lot of blood tests over the next nine weeks to see if he has contracted hep c.

 

He has started to claim sickness benifit , and has asked about help with his mortgage interest payments. i know he has missed one under the order and i think he will miss another this month. The mortgage company (derbyshire home loans) was not very helpfull , and said they will be going for eviction , he also had a letter from their solicitors yesterday saying that he has seven days to pay the whole arrears amount off or they will go for eviction.

 

Any help on how to proceed with this guys

 

Regards sham

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Ell-enn

Ell-enn

Posted
Posted

Hi Shammy, well done for supporting your brother in court :)

 

He needs to write a letter to the lender explaining the circumstances and that he is awaiting confirmation of the mortgage interest relief (don't phone them!). Make sure it is sent by recorded delivery.

 

If you need help with the letter please let me know.

 

If and when an eviction notice arrives, we'll deal with it by putting in an N244 application based on the circumstances.

 

Ell

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jansus

jansus

Posted
Posted

Has he checked the site www.entitledto.co.uk

 

This may help him check he is getting all the help he can.

 

Hope he is ok - we had a similar case with someone we know who stopped his house being burgled and was bitten during the struggle. He also had to go through all the tests and luckily he was ok.

 

Sounds like this has been a "last straw" scenario for your brother and he sounds very down. You are doing the right thing by suporting him on these practical matters.

 

Also please emphasise if he can make any payment towards the mortgage at all - however small it may help as it will show he is making every effort to keep his home.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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shammy36

shammy36

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Posted

Hi Ell-enn and Jansus ,

 

Thanks for your kind words.

 

Ell-enn if you could help with the wording of a letter that i can send to the mortgage co and the solicitors i would be most gratefull . My brother is in court at the end of the month as a witness against this toe rag.

 

On the night it happened the police came back after they had searched him and gave my brother an evidence bag with tools that he had solen from the van. Two days latter victim support rang him and said that he was pleading not guilty , this apparantly is a ploy by his solicitor in the hope that my brother does not turn up as a witness , then the toerag walks :mad: What a complete ass the law is.

 

I also have a crime number i can insert into any letter you can kindly draft for me.

 

Many thanks

 

Sham

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Ell-enn

Ell-enn

Posted
Posted

Hi Shammy, sorry for delay - I've had a busy weekend. I'll get onto it asap.

 

Ell

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Ell-enn

Ell-enn

Posted
Posted

Hi Shammy just a few questions:

 

Is the mortgage in joint names ?

What was the date of the assault ?

Help us to keep on helping

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Ell-enn

Ell-enn

Posted
Posted

Hi Shammy, letter affixed. It should be sent by recorded delivery, keep a copy and also print off the signature proof of receipt from the royalmail website in a few days. Keep the receipt safe with the letter, you may need it if you have to go back to court to defend any claim for eviction.

 

Ell

Shammy's brother letter.doc

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

 

 

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Ell-enn

Ell-enn

Posted
Posted

Yes, send a copy to the solicitors with a covering letter as follows:

 

...........................................................Your address

 

Date:

 

 

Their address

 

 

Dear Sirs,

 

Re: (name of lender) v (your brother's name) Mortgage account no:

 

Please find affixed copy of letter sent to (lender) by recorded delivery in respect of the above.

 

Yours faithfully

 

 

 

XXXX

 

Enc.

 

send this also by recorded delivery.

 

Ell

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

 

 

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  • 6 months later...
shammy36

shammy36

Posted
  • Author
Posted

Hi All,

This saga just goes on and on with these sub prime lenders , i could do with a little advice on this guys.

 

I sent off the letter that Ell-enn kindly drafted for me back in sepember and got what i must admit was a fairly helpful reply , saying they were sorry about what had happened and would help all they could. My bother then applied for support for mortgage interest and the form was sent to the lender.

 

The DWP agreed to backdate the mortgage payments to october , this left a shortfall of £120 per month which my brother said he could just about manage. In the meantime he had a very nasty letter from the lender saying that he had defaulted on the court order and needed to pay them £2,600 or else. Yesterday he had a letter from their solicitors saying they are going for evection , even though he has paid the shortfall they were asking for of £120 per month starting feb , I rang them this morning and they said they were going ahead with it no matter what . Any thoughts on how to deal with these people guys .

 

Regards Sham

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Ell-enn

Ell-enn

Posted
Posted

Bloomin eck Shammy - what are they like!! :mad: OK, a stiff letter to the lender and copy to their solicitors. If they do go for eviction we will defend on the grounds that they are being unreasonable (among other things!).

 

Do you want me to draft a letter?

 

Ell

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

 

 

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Ell-enn

Ell-enn

Posted
Posted

I sent off the letter that Ell-enn kindly drafted for me back in sepember and got what i must admit was a fairly helpful reply , saying they were sorry about what had happened and would help all they could. My bother then applied for support for mortgage interest and the form was sent to the lender.

 

Have you got that letter? We need to send a copy of it with this new letter.

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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shammy36

shammy36

Posted
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Posted

Hi Ell-enn ,

 

Yes I have a copy of that letter still Ell-enn , I also have a letter from DWP saying that the delay in dealing with the claim was their fault and "lie entirley with us" Hope this will help

 

Regards Sham

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Ell-enn

Ell-enn

Posted
Posted

OK, back with the letter in a mo....

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

 

 

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Ell-enn

Ell-enn

Posted
Posted

Letter affixed. You will need to send a photocopy of their letter and also one of the DWP's (I have referred to them in the letter). Send by recorded delivery tomorrow if possible (keep a copy for yourselves). Check on the royalmail website in a few days to print off the signature receipt from the tracking number and staple to your copy of the letter(s). You may need that to show the judge if they do take further action.

Shammy's brother letter March 2010.doc

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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shammy36

shammy36

Posted
  • Author
Posted

Hi Ell-enn ,

 

The notice of evection arrived today , its for the 31 march.

 

Can you tell me what i need to do next , i cannot belive this is happening my poor brother is a wreck , these people are the **** of the earth !

 

Regards Sham

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Ell-enn

Ell-enn

Posted
Posted

Hi, sorry for delay - internet problems at home.

 

You will need to enter an N244 at court asking for a hearing to stop eviction. I can help you with that and I have afixed the form to this post so you can see what it is - I will give you the instructions for filling it in and can write a statement for Q.10 which is the most important part. You need to get the form to court asap so he can get a hearing in the next few days - there will be a fee of £35.00 to pay at the court.

 

You will need a copy of the letter you sent them last week. Check on the royalmail website with the tracking number and print of the signature receipt - we will need all that to go with the N244 to prove to the judge you have been trying to resolve the situation.

 

Is the mortgage in joint names?

Are there any children?

n244_e.pdf

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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shammy36

shammy36

Posted
  • Author
Posted

Hi Ell-enn,

 

Thanks for getting back to me.

 

I have proof of posting and delivery , and have printed off the signatures from both the lender and the solicitors. They have a six year old little girl ,and the mortgage is in his name

 

Thank you ever so much. Sham

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