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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.
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Sued by Link Financial

dis01

By dis01
in Financial Legal Issues

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dis01

dis01

Posted
Posted

Hello

 

Not sure how to start really. I have a read and there is an awful to digest but I was wondering if anyone could help with our problem.

 

Link Financial put both my husband an me in court in April this year, thing is they sent my court papers to my old address so I couldn't respond. My husband did put in a written defence for what it was worth and they still obtained judgement on him and on me by default. I have completed the N form and paid £80 to have stay of judgement or whatever it was and its being transferred to the local county court to be heard in two weeks time.

 

In the meantime Link sent my husband whats called a tomlin agreement for the whole amount and he signed and agreed to the terms etc, however, Link are still intent on suing me for the full amount as well by saying I am still liable for the debt. I thought that if someone admitted liability and agreed terms etc then the other person could not be pursued for the same debt?

 

What help I would like is on how to defend this cos Link have said to me on the phone they will go for a charging order even tho there is an agreement in place?

 

Blimey this sounds complicated but I really hope someone can help.

Thanks :sad:

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AndyOrch

AndyOrch

Posted
Posted

Hi dis and a Warm Welcome to Cag

 

Ok you have made application to set a side the judgment on grounds of bad service(wrong address) did you inform them you had moved?

 

The debt is joint so therefore joint and several and so 2 summons.

 

If they have judgment why do they wish you to agree to a Tomlin Order?

 

 

Regards

 

Andy

We could do with some help from you.

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dis01

dis01

Posted
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Posted
Hi dis and a Warm Welcome to Cag

 

Ok you have made application to set a side the judgment on grounds of bad service(wrong address) did you inform them you had moved?

 

The debt is joint so therefore joint and several and so 2 summons.

 

If they have judgment why do they wish you to agree to a Tomlin Order?

 

 

Regards

 

Andy

 

they wrote to my husband at the new address and but never to me. I can't answer your question about the tomlin order. All I know is that they acquired the CCJ against my husband and they sent him a letter and the tomlin order. He signed it and it was for the whole amount of the debt and he agreed to the terms etc. Then on Sat I get a letter or rather notifcation from our local county court stating the hearing for me has been transferred etc. Now it appears that Link are suing me for the whole amount and agreed a repayment scheme (tomlin order) with my husband. How can I raise a defence?

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AndyOrch

AndyOrch

Posted
Posted

Dis you and your husbabnd should be defending this together, the debt is joint and several.You are still together? Why would you husband agree to a Tomlin if they already have judgment against him?

They already have it against you, are you set a siding your own?

 

I cant seem to piece this together if you could fill in the gaps.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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dis01

dis01

Posted
  • Author
Posted (edited)

am replying here and nowt is showing up! OH dear.. this is doing my head in now.

 

JUdgement has been obtained by LInk agaisnt hubby but they are still suing me for the full amount even tho he has entered into a tomlin agreement with them. Thir argument is that I am still liable for the full amount and if I don't enter in another tomlin agreement with them which would double the amount each month being paid to them than they are appyling for a charging order against our house for the full amount even though my husband will be paying them through this order. Yes we are together and link still insist on suing us seperately and each is for the FULL AMOUNT. Both of us are named on the CCJ as 1st and 2nd then vice versa.

 

They knew we moved house etc - but still insisted on suing me with the old address. I have paid the £80 to have the judgement set aside for as I was not given the opportunity to put in a defense etc in the meantime they obtained judegment and hubby entered this agreement for the full amount not half but all of he total debt owed. This is whats confusing me - how can they sue me for the total amount when its already being paid by my hubby.

Edited by dis01
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AndyOrch

AndyOrch

Posted
Posted

Did you defend your summons?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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dis01

dis01

Posted
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Posted

not yet as such... from what I see there is no point really as they always win.

 

I Never received any default notices etc or assignment of debt from the original creditor and neither did hubby. Everything sort went higggly piggledly when we moved and this debt slipped inadverently slipped through the net as we changed bank accounts at the same time.

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AndyOrch

AndyOrch

Posted
Posted

So hubby submitted a defence to his and you didnt, they attained judgment by default on you (because you didnt enter a defence ) and on hubby even though he did assuming his was struck out.

They then send a Tomlin Order in your hubby's name and he as signed and accepted this, even though he didnt need to as they already have judgment.

You have now made application to set a side yours only and the hearing is immanent.

 

Thats the gist?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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AndyOrch

AndyOrch

Posted
Posted

Yours basis for setting a side is bad service? How come hubby got his then?

 

Im playing devils advocate here dis I need to know all the details warts and all.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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dis01

dis01

Posted
  • Author
Posted

BAd service? you mean with the bank etc? more than likely. I am not unduly worried about that - I am more worried that my husband has entered this agreement and then they can still sue me for the whole amount. If they succeed the it means they will be paid twice for the same debt and by the looks of it they will take it.

 

You can play devils advocate but I simply cant provide answers when I you don't ask a direct question. Whats happened as happened we now need to deal with the consequence of this, if that makes sense. x

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  • 2 weeks later...
dis01

dis01

Posted
  • Author
Posted

Firstly apologies for not posting any further but I have been in hospital for a joint replacement -

 

Now the update : Was in court this am and I defended myself so felt quite proud of myself. The judge stayed the judgement as it had not been served correctly and said stayed for two months so that Link and ourselves can reach an agreement - actual words said to get My name on the Tomlin agreement.

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AndyOrch

AndyOrch

Posted
Posted

Stayed or set a side dis01?

 

If you now accept the debt you need Link to enter you on the Tomlin Order with your hubby ( joint and several) if you don't you need to prepare a defence and defend the claim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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