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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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    • dx100uk
      Another P2G / EVRi Lost Parcel Claim

      By dx100uk · Posted

      there is NO exposure if you simple remove your name address/ref numbers etc from docs, over 10'000 pdf uploads are here. which then harvests IP addresses off of the people that then do so..which is why we do not allow hosting sites. read our rules and upload carefully thats exactly why we say capture as JPG, redact, then convert/merge to one mass PDF. then online sites to achieve that we list do not leave watermarks.  every once in a while we have a user like you that thinks they know better...we've been doing it since 2006 with not one security issue. thank you.
    • dx100uk
      Link/Kearns Claimform - old Barclaycard debt - Now N244

      By dx100uk · Posted

      was at the time you ticked it  but now they've still not complied . if you read up, here , you'll see thats what everyone does,  
    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      no they never allow the age related get out, erudio are masters at faking supposed 'arrears' fees which were levied before said date and thus null its write off. 1000's of threads here on them!! scammers untied that lot. i can almost guarantee they'll state it's not SB'd too re above, but just ignore them once sent. dx    
    • dx100uk
      Virgin Media playing Games.

      By dx100uk · Posted

      oh well.. 
    • dave024
      Erudio/SLC

      By dave024 · Posted

      DX, worth mentioning? I take it that you refer to after ,65 loan is written off clause. I thought that after the problems I had at deferment (/no proof of income satisfied them, and I could not afford an accountant) after they stopped pestering that they had decided that the age related clause  had kicked in. As I said, its time to hit back with SB letter.

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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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Repossession questioned by deeds not being signed

IS IT ME?

By IS IT ME?
in Mortgages and Secured Loans

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applecart

applecart

Posted
Posted

Here's a link to the Law Commission Report 143:

 

http://lawcommission.justice.gov.uk/docs/cp143_Execution_of_Deeds_and_Documents_Consultation.pdf

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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UNRAM

UNRAM

Posted
Posted
Hi UNRAM

 

You may re-call that I referred you to the case of "HILMI".......that is where I have been able to source the information....

 

See.....The Law Commissions Consultation Paper on the Execution of Deeds and Documents by or on behalf of Bodies Corporate, Consultation Paper 143 (1996), para 2.2 and 2.3

 

It was referred to by the Judge in deciding the case in HILMI & Associates Ltd v 20 PEMBRIDGE VILLAS FREEHOLD LIMITED [2010] EWCA Civ 314 at para 29

 

Hope this helps?

 

Apple

 

Are there any other court cases to reinforce the principle? Surely this issue came up before 2010?

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applecart

applecart

Posted
Posted
Are there any other court cases to reinforce the principle? Surely this issue came up before 2010?

 

Hi UNRAM

 

I'm sure there will be and it will have done....but for present purposes....I believe 'HILMI' will suffice.....

 

There is no need to bombard the Lender and the courts with every single piece of case law that you can get your hands on......

 

The Chamber already are considering 'Gargillo' and 'Bibby'.....and reference to the RRO.....

 

The combined effect of the three should make a difference to the outcome for all Borrowers.....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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applecart

applecart

Posted
Posted

....Just to follow on......it is not the finding that the HILMI Case was not decided until 2010 that is significant per se..... the significance in that case is that in 2010 the Judge relied on the report of the Law commission that was way before 2010.....

 

So.....the principle is the principle regardless of when one needs to rely on it....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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applecart

applecart

Posted
Posted

I have to pop off the forum for now.......due to other commitments.....but, do post any queries as usual.... I will pick up on them anyway : )

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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UNRAM

UNRAM

Posted
Posted (edited)

The Law Commissions Consultation Paper on the Execution of Deeds and Documents by or on behalf of Bodies Corporate, Consultation Paper 143 (1996)

http://lawcommission.justice.gov.uk/...nsultation.pdf

 

2.2 The law of England and Wales makes an important distinction between instruments which are executed in “solemn form” as deeds, and other instruments which are generally referred to as being in “simple form” under hand.1 Where the instrument is a contract, this is recognised by the distinction made between a contract executed as a deed, which is a specialty, and an instrument under hand, which is a simple contract.

 

2.5 It will be seen that at common law, all deeds were documents under seal.6 Hence contracts executed in solemn form were and are still commonly referred to as “contracts under seal”.

 

11.6 [section omitted] A deed is an instrument in solemn form. Such an instrument (or, depending on how the term “specialty” is used, any obligation contained in it) is a specialty because it is in solemn form.[section omitted] A contract which is executed by an individual as a deed (that is by attested signature), and which makes it clear on its face that it is intended to be a deed, will therefore be both a deed and a specialty.

Edited by UNRAM
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UNRAM

UNRAM

Posted
Posted

http://lawcommission.justice.gov .uk/...nsultation.pdf

 

What is required for delivery?

 

6.2 Originally, delivery was the physical act of handing the deed over to the other party, or instructing him to take it up, but the matter is now essentially a question of the intention of the maker of the deed. A deed is delivered in law “as soon as there are acts or words sufficient to [show] that it is intended by the party to be executed as his deed presently binding on him”, and even though that party retains possession of the document.1 It does not matter whether this intention is actually communicated to the other party, so long as it is shown by some sufficient act or words.

 

The mortgage deed I signed only says "signed as a deed" not "executed as a deed"... I've checked T&C's... Nothing anywhere about intention to execute a deed.

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IS IT ME?

IS IT ME?

Posted
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Posted

God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

http://epetitions.direct.gov.uk/petitions/56915

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UNRAM

UNRAM

Posted
Posted
God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

 

Im happy to set up a google docs or similar facility and we can share the passcode through CAG if document sharing is going to become an obstacle...

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p.j

p.j

Posted
Posted
God Apple having time off as WELL as tea! what next LOL

 

I agree fully with your posts 1567 and 1573 when you hand documents in get them to stamp them and at NO time just leave them there, as in our case the WHOLE file went missing for two months!

I also agree that posters SHOULD be able to do PM for their defence papers BEFORE going to court with them so any problems could be dealt with, as you and I knew there are more solicitors , there staff and all and sundry looking at these threads now and for us to go this far with this is some thing no one not even me thought off.

Al, then you had in your papers you will not get a hearing date there and then they will give it to the judge to look at and he or she could just give an order to adjured until six months or what ever, but if not don't worry I'll come along, just let me know.

Do you know who the agent was for the other side?

 

hi is it me i agree with you on the pm to many eyes now looking i could do with your help to i have never been to court for this kind of situtation..i handed my first lot of papers in they wouldn't stamp them as received they just said your on camera handing the envelope over so when i hand in my defence this week i will double check the judge got them i will carry another copy just incase.

 

pj

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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p.j

p.j

Posted
Posted
PJ,

 

No that's not right, if you hand them in and ask for your copy's to be stamped they HAVE to do it.

No prob with help where are you ?

 

hi is it me thanks thats good to know i am in nottingham.i did insist on them stamping them and giving me a receipt of hand delivery they just kept on saying your on camera theres your proof.

 

pj.

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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ims21

ims21

Posted
Posted
hello CAG whats the policy regarding allowing people to share information privately. is CAG against this?

 

Why can you not post documents on the open forum?

 

One major point is that you never know who you are dealing with off forum despite what they may appear to be on the open forum.

 

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UNRAM

UNRAM

Posted
Posted
It didn't refer to anyone.

With an anonymous forum you never know who anybody is.

 

Unless my name birth name is UNRAM (pretty as it might be its not) then that's what this is and that not topic of discussion which is private messaging on public forums.

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p.j

p.j

Posted
Posted

got my letter back from the tribunal and its good to go they have excepted the case and given me documents to serve on the lender.

 

its says send a copy of my application plus a copy of the order to them and the court.

 

am off to sort it asap.

 

p.j

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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p.j

p.j

Posted
Posted
PJ

Thats good news yes HAND the copy in to the court with a letter just asking if the matter could be adjourned until the tribunal hearing

well done.

 

yes good news is it me off to get it handed in they want proof of delivery and proof of sending to lender.

 

pj

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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TimetogoRAM

TimetogoRAM

Posted
Posted
yes good news is it me off to get it handed in they want proof of delivery and proof of sending to lender.

 

pj

 

When did u send off your application pj?

 

Is it me? Has your application been accepted despite your lender's attempt to strike it out?

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