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By lookinforinfo · Posted
I am sorry about getting your status mixed up. I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is in their Point C that states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section You may prefer to alter 13 to . It is trite Law that the driver and the keeper cannot be regarded as the same person and the claimant has failed to offer any proof who was driving. BY only pursuing the keeper when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should stop the Judge from looking at who was driving as your statement preempts them from even thinking about it. -
Ok fair enough I didn't know that, I'll hold onto stuff going forward -
What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? -
By LouLouDev79 · Posted
Which Court have you received the claim from ? Northampton MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. This has been uploaded in my previous messages in the bundle of documents Name of the Claimant ? Asset Link Capital (NO5) Limited How many defendant's joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to./ 14/02/2020 ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Not relevant as his claim was set aside, and has now been brought to the court again by the claimant Particulars of Claim What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread What is the total value of the claim? £10,734.1 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - this is one of the grounds for getting it set aside Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? Apparently 2000 Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? It was, but it is not anymore Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Asset Link Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? 2015 What was the date of your last payment? December 2015 Was there a dispute with the original creditor that remains unresolved? I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm -
Ignore the DCAs totally If you ever get a letter of claim, come back here.
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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
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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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