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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.

HELP!!! Eviction notice for Oct 27... **SUCESS REVOKED**

jlloyd

By jlloyd
in Home Repossessions - successes

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jlloyd

jlloyd

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Hi I am new here and dont quite know where to begin... I have noticed that Ell-enn helps alot of people in my situation and was wondering if she could help. I need advice and help walking me through the n244 and all documents needed. I can go into it more when I get a reply. This is the second time the eviction process has been started but the situation financially is much better now.... PLEASE anyone????:|

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jlloyd

jlloyd

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Hi I am new here and dont quite know where to begin... I have noticed that Ell-enn helps alot of people in my situation and was wondering if she could help. I need advice and help walking me through the n244 and all documents needed. I can go into it more when I get a reply. This is the second time the eviction process has been started but the situation financially is much better now.... PLEASE anyone????:|

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Ell-enn

Ell-enn

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Hi, can you give a bit more information please? so I can advise further

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Ell-enn

Ell-enn

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Hi, can you give a bit more information please? so I can advise further

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jlloyd

jlloyd

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ok... here goes.... my husband has a mortgage with Santander and is in arrears he has been having difficulties for about a year or so now... he is a self employed electrician and the recession has hit his industry hard. He was out of work for about 6 months the took work which was only 40% of his normal pay to keep head above water.... well in Feb santander and HL interactive took him to court and he had a solicitor himself... however before his solicitor showed up he was approached by HL interactive solicitor and coerced into monthly payments of £825.00 and £250.00 added to go towards arrears. (total about £8,000) Tghis was unreasonable but my husband felt it was all he could to to keep his home. We struggled to get that every month and also in that time NO ONE could give us anything in writing as to what exactly the payment would be despite repeated attempts! We called Santander for a total..paid what they told us 2 days later got a letter from HL interactive stating we underpaid???? GRRRR

Then also I was here from us on visitor visa working on my spouse visa at the time. My husband being a limited business is due a £4,000 tax refund but the tax man is holding on to all limited companies refunds for some reason..... this money was to go towards my immigration but seeing as it wasn't in and it needed to be paid that set us behind. In July it came to eviction where we are now and they wanted £3,500 which we paid..... so as it sits now we are behind Sept and Oct payment... we are able to pay that balance by Oct 27 but they have refused anything less than £8,300.

My husbands job outlook has turned around he has a very good job now and a 18 month high paying job lined up to start Nov 1. So we have no problems paying what we are behind and staying on top of it now... we just need a chance and they dont seem to be willing to work with us.

 

So my question is.... Do we have a chance??? if so how soon do we go to court and file n244? And i need to know how to prepare.... what paperwork etc!!!!! Thank you soooooo much!

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jlloyd

jlloyd

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ok... here goes.... my husband has a mortgage with Santander and is in arrears he has been having difficulties for about a year or so now... he is a self employed electrician and the recession has hit his industry hard. He was out of work for about 6 months the took work which was only 40% of his normal pay to keep head above water.... well in Feb santander and HL interactive took him to court and he had a solicitor himself... however before his solicitor showed up he was approached by HL interactive solicitor and coerced into monthly payments of £825.00 and £250.00 added to go towards arrears. (total about £8,000) Tghis was unreasonable but my husband felt it was all he could to to keep his home. We struggled to get that every month and also in that time NO ONE could give us anything in writing as to what exactly the payment would be despite repeated attempts! We called Santander for a total..paid what they told us 2 days later got a letter from HL interactive stating we underpaid???? GRRRR

Then also I was here from us on visitor visa working on my spouse visa at the time. My husband being a limited business is due a £4,000 tax refund but the tax man is holding on to all limited companies refunds for some reason..... this money was to go towards my immigration but seeing as it wasn't in and it needed to be paid that set us behind. In July it came to eviction where we are now and they wanted £3,500 which we paid..... so as it sits now we are behind Sept and Oct payment... we are able to pay that balance by Oct 27 but they have refused anything less than £8,300.

My husbands job outlook has turned around he has a very good job now and a 18 month high paying job lined up to start Nov 1. So we have no problems paying what we are behind and staying on top of it now... we just need a chance and they dont seem to be willing to work with us.

 

So my question is.... Do we have a chance??? if so how soon do we go to court and file n244? And i need to know how to prepare.... what paperwork etc!!!!! Thank you soooooo much!

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Ell-enn

Ell-enn

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I can help you with the paperwork and draft a statement for you to go with the N244. Firstly, can you fill in the affixed budget sheet which you will need to affix to the N244. I also need you to answer a few questions:

 

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that.

 

2.Are there any children living in the property?

 

3.Are you able to make any payment in the next few days?

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ?

 

If you can get the N244 to the court by the middle of next week you should get a hearing fairly quickly.

Budget Sheet.xls

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Ell-enn

Ell-enn

Posted
Posted

I can help you with the paperwork and draft a statement for you to go with the N244. Firstly, can you fill in the affixed budget sheet which you will need to affix to the N244. I also need you to answer a few questions:

 

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that.

 

2.Are there any children living in the property?

 

3.Are you able to make any payment in the next few days?

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ?

 

If you can get the N244 to the court by the middle of next week you should get a hearing fairly quickly.

Budget Sheet.xls

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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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jlloyd

jlloyd

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Thanks so much... I feel I can do this now!!!!

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that. Yes we do have a letter that we used for immigration, this job was to start in July then postponed... but definately on track now!!!

 

2.Are there any children living in the property? one ~13 does that still count as a child???

 

3.Are you able to make any payment in the next few days? only a couple hundred in the next couple days but by next Saturday we can have paid the |Sept whole amount paid and part of Octobers too.

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ? Now we can do the £250 but more like £175 as to not get into the same predicament again would be more like it.

 

We have worked on a budget sheet somewhat...is it bad to have way too much left over now??? we will because of the increase in pay.

I am lost as to what papers need to be handed in to the courts with the n244 too,,,, I guess I am just a nervous Nellie!!! Heck we just got married in May we dont want to loose our home now!!! :)

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jlloyd

jlloyd

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Thanks so much... I feel I can do this now!!!!

1.Do you have proof of your husband's new job starting on Nov 1 ? that will also help your case if you can affix a copy of that. Yes we do have a letter that we used for immigration, this job was to start in July then postponed... but definately on track now!!!

 

2.Are there any children living in the property? one ~13 does that still count as a child???

 

3.Are you able to make any payment in the next few days? only a couple hundred in the next couple days but by next Saturday we can have paid the |Sept whole amount paid and part of Octobers too.

 

4.How much can you actually afford to pay toward the arrears each month in addition to the normal monthly payment ? Now we can do the £250 but more like £175 as to not get into the same predicament again would be more like it.

 

We have worked on a budget sheet somewhat...is it bad to have way too much left over now??? we will because of the increase in pay.

I am lost as to what papers need to be handed in to the courts with the n244 too,,,, I guess I am just a nervous Nellie!!! Heck we just got married in May we dont want to loose our home now!!! :)

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Ell-enn

Ell-enn

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Posted

Hi there, try to stay calm - we have a few days to work on the N244 - there is no point in rushing things, given what you have said I don't think you'll have any problem getting the eviction stopped. If you'd like me to look over your budget sheet you can send it to me at [email protected]. The budget sheet I gave you automatically calculates as you enter the figures. You should not show large amount left over as the court will expect you to use it towards the arrears. Remember that electicity and gas costs will be more expensive in the coming winter months. Also, if the mortgage is only in your husband's name then only use his income.

Help us to keep on helping

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

 

 

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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

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Posted

Hi there, try to stay calm - we have a few days to work on the N244 - there is no point in rushing things, given what you have said I don't think you'll have any problem getting the eviction stopped. If you'd like me to look over your budget sheet you can send it to me at [email protected]. The budget sheet I gave you automatically calculates as you enter the figures. You should not show large amount left over as the court will expect you to use it towards the arrears. Remember that electicity and gas costs will be more expensive in the coming winter months. Also, if the mortgage is only in your husband's name then only use his income.

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

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Posted

You cn send a letter explaining what your circumstances have been and letting them know what you are able to pay and when, and also that you will be able to make the arrears payments each month going forward. Send it by special delivery tomorrow so they get it tuesday. Do you want me to draft a letter for 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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