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


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

Please please please help me!!! URGENT! EVICTION CANCELLED

closetoabreakdown
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closetoabreakdown

closetoabreakdown

Posted
Posted

Hi there.

 

I wonder if ANYONE can help me...I am at my wits end and really don't know what to do or how to cope with this!!!

 

I have an application hearing tomorrow at 10am to suspend eviction from my home.....eviction is set for 24th Nov at 12.00pm.

 

My mortgage company SPML (capstone) issued repo proceedings against me in August following my default on a previous payment arrangement made with them. They received a repo hearing date for 10th September 2009 which I was unable to attend as I have a 6 month old baby and couldn't find childcare for that date.

 

I wrote to the Court to explain this but it has since transpired that my letter didn't reach the court and a repo order was granted.

 

I have since tried to reach a payment agreement with my lenders who basically forced me into agreeing a £500 payment on top of my contractual payments a month - this was after going thru my income and expenditure - I should add this was in september and, because of my situation, I was intending to return to full time work from maternity leave early in October.

 

My childcare then feel thru...meaning I could not return to work and could not afford the payment plan.

 

I have now managed to secure a childminder for January when I will return to work full time.

 

My partner left me shortly after the birth of our son (he walked out, I have no idea where he is and have had no contact since) and I have only been received SMP from my employers since My son was born.

 

I haven't made mortgage payments for 7 months because I was living on Just under £500 a month!!!!!!!!!!!!!!!!!

 

I have tried to come to an arrangement with my lenders over the last week or so but they aren't interested - they want the full arrears plus fees and interest.

 

I filled out the N244 after taking some advice from Shelter and explained the situation i.e. that I can afford to pay my usual monthly payment plus £100 as of the end of January.....

 

I haven't claimed benefits as I wasn't aware I was entitled to any......I have only come to realise this over the last couple of days...I usually earn good money so didn't think I would be able to claim anything.

 

I have a letter from my employers confirming my full time salary as at 1st Oct 09 and an e-mail from my HR manager confirming that 15.5 days holiday is due to be paid to me in December and I plan to take these with me.

 

Is there anything else I can take with me or say to ensure that the eviction doesn't go ahead??? After the worst year of my life, I really really really can't lose my home as well....my son is 6 months old!!!!!!!

 

SPML's charges are huge and I have asked them to send me a statement breakding down the actual arrears in comparison to the charges...but I have received nothing. They are saying I owe over £9000!!!!

 

My ex partner has left me in huge debt and in this situation..to make matters worse, the mortgage is solely in my name as I wasn't with him when I moved in.

 

I haven't slept in days or eaten and I am out of my mind with panic and worry...

 

PLEASE PLEASE PLEASE SOMEBODY HELP ME!!!:sad::sad::sad::sad:

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I'm trying to get someone to have a look.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ell-enn

Ell-enn

Posted
Posted

I can help you with a statement for court tomorrow.

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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closetoabreakdown

closetoabreakdown

Posted
  • Author
Posted

Oh my god, that would be absolutely amazing.....the only problem I have is that I don't have a printer at home - I will need to go to an internet cafe before the hearing tomorrow and get it printed. If you could help, I would be very grateful.

 

I filled out the N244 in Q10 with an explanation of what has happened and what I intend to pay...is this enough or do you think a further statement will help?

 

I have been reading the wonderful help you have given people on here - I only hope your help works for me too!!!

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Ell-enn

Ell-enn

Posted
Posted

Hi there, I just need to ask a few questions then I will affix the statement to the thread.

 

Did you send in a budget sheet with the N244 ?

 

Did Shelter advise you to quote any case law in your N244?

 

Is the mortgage in your name only?

 

You say you got help from Shelter? is anyone from them going to be at court with you tomorrow?

 

Have you been to a court hearing before? If not I will give you some guidance on the process.

 

You will need to get photocopies of the letter and email from your employer re your salary and holidays as you need 3 copies of everything for court - one for the judge, one for the other side's representative and one for yourself to refer to in court.

 

Try not to worry too much, you should be OK :)

 

Ell

 

As soon as you answer the above I can get the statement to 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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closetoabreakdown

closetoabreakdown

Posted
  • Author
Posted

Hi there.

 

I'm so grateful for any help you can give me.

 

I didn't send in a budget sheet with my N244 but have completed one to take with me.

 

No - they didn't tell me to quote any case law but mentioned a case..I can't recall it now but the name Norgan rings a bell - forgive me if I am wrong!!!

 

No one from Shelter is going with me. I don't qualify for legal aid as my full time salary is too high. The court officer who arranged the hearing did say that the CLS (?) are at the court tomorrow and I should make myself known to them. She mentioned that someone may be able to come in with me. I really hope so - I have been suffering with anxiety attacks over the last 6 months and don't want to have one in there.

 

The mortgage is in my name only as I wasn't with my ex partner when I bought the property.

 

I'll look forward to receiving anything you can put together for me and you think will help.

 

I have never been to court before (other than to fill in my N244) and I am absolutely petrified.

 

I just wish I had £9000 to give SPML now - or a magic wand to make this all go away!

 

thanks.

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Ell-enn

Ell-enn

Posted
Posted

Just one more question - are there any arrears charges in the £9k arrears?

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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Ell-enn

Ell-enn

Posted
Posted

Affixed is the statement. You need to enter info where there are XXX's at the top (you will get that from the eviction notice), don't forget to remove the XXX's.

 

You will need to print 3 copies. You will also need 3 copies of the employer letter and email and also the budget sheet. on each copy of the employer stuff write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

You should assemble each set as follows:

 

Statement

Employers letters - Appendix 1

Budget sheet - Appendix 2

 

When you get to court ask the usher if they can give a copy to the judge. If they say they can't interrupt you will have to wait until you are in the hearing. As this is your application the judge will speak to you first. When he has finished addressing you, you should say "Sir (or Madam if it's a lady), may I give you an up to date statement" and then just hand it over. You will need to give one copy to the other side's representative also. The third copy is for you to refer to.

 

Make sure you approach the free legal reps in court and get them to go into the hearing with you.

 

The hearing will be held in a room with just the judge, you and the rep from the lender. It will be conducted around a table, just like a meeting and the public are not allowed in. Judges usually recognise that you will be nervous and will guide you through the process. Do not interrupt the judge when he/she is speaking. If you do address the judge you should start with Sir/Madam.

 

The whole process should only take around 5 minutes.

 

Try to stay positive and let us know how you get on as soon as you can. I will be thinking about you :)

 

I need to log off in a few minutes as I have to be up early in the morning but I will be online again around 8.30am if you need any further help.

 

Ell

Closetoabreakdown Statement for court.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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closetoabreakdown

closetoabreakdown

Posted
  • Author
Posted

Well......

 

I found a representative from the CAB and got them to come in with me...a lovely lady.....who was there just to support me...I managed (god knows how) to speak for myself!!!

 

With you help - I have managed to get the eviction suspended and the matter adjourned until 17th December 09 to allow me to find out what benefits I can claim, whether mortgage rescue can help me and whether there is anything else I am entitled to...

 

Hopefully I can then go back with a better idea of what my ACTUAL income will be when I am back at work and when I start receiving any benefits.

 

The lady from the Solicitors was a bit of an old dragon and tried to make my life hell - but I guess that's what she is paid for!!

 

Thanks for all your help and all you did for me at the eleventh hour..literally!!!!!

 

Is there anything you think I can do other than applying for benefits and contacting the MRS before 17th December??? Is it a positive sign that this has been adjourned?

 

I plan on beg, borrowing and stealing just so I can make the December mortgage payment - so that I can show willing.....

 

Thanks again...I'm just so relieved that I wont be homeless on Tuesday!!!!

 

You will never know how grateful I am!!!

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Ell-enn

Ell-enn

Posted
Posted

Thank goodness! I was panicking as you hadn't logged on this morning and I wasn't sure if you'd got the statment I affixed last night.

 

Glad to hear you can sleep easy tonight.

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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maroondevo52

maroondevo52

Posted
Posted

Good stuff, well done Ell-enn ;)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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angel_1

angel_1

Posted
Posted

Fab news closetoabreakdown

 

and again Ell-enn and others from cag have come to the rescue:)

 

take the time now to really investigate everything you can and keep your info in a folder so you have everything to hand

 

im sure you will be fine but please dont hesitate to keep coming back as we all want you to succeed and keep your home

 

take care and virtual drink to all who have helped you

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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