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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.

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      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
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This one is of particular interest...

 

link: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-120706

 

hope it works?

 

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

Apple,

 

This is not a discussion on mortgage sale agreements but of deeds so I believe its in scope. The mortgage sale agreeement contains both bilateral and unilateral deeds. Please can you share your opinion on this to further assist my understanding of the requirements of a deed. Do you agree with bhall that if a deed expresses only unilateral intent then it does not need to to be executed by the beneficiary... What happened to its specialty contract status in this instance? I can see problems with this as it opens up the possibility of abuse where a party may be included in a deed against their will or knowledge... However the mortgage sale agreement does include some unilateral deeds.

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UNRAM

UNRAM

Posted
Posted
Apple,

 

This is not a discussion on mortgage sale agreements but of deeds so I believe its in scope. The mortgage sale agreeement contains both bilateral and unilateral deeds. Please can you share your opinion on this to further assist my understanding of the requirements of a deed. Do you agree with bhall that if a deed expresses only unilateral intent then it does not need to to be executed by the beneficiary... What happened to its specialty contract status in this instance? I can see problems with this as it opens up the possibility of abuse where a party may be included in a deed against their will or knowledge... However the mortgage sale agreement does include some unilateral deeds.

 

Despite my questions, a unilateral deed to express a unilateral intent makes sense and in this form it does not appear to be a contract.

 

However my views differ from bhalls when considering the nature of a mortgage deed. It witnesses an exchange - an agreement - a legal interest for a financial consideration - that was defined by prior mortgage agreement. The deed is being executed under contractual arrangement.

 

I also perceive a structural relationship between the deeds in the mortgage sale agreement. A primary deed has been signed by all assenting parties. Observance of law in clear view. Close attention appears to have been paid to compliance with both LPMA1989 1 and 2. However the agreement also contains sub-deeds, some bilateral and some unilateral. Unilateral ones are signed only by the grantor but of course is within the scope of the compliant agreement.

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IS IT ME?

IS IT ME?

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The mortgages are ALL pooled together from other companies and sold as a job lot as it were, they are then sold out to Bond Holders or Note Holders for funds, now you will find that their are a number of documents which all conderdict one another until you come to what the sale agreement states and what the deed of charge states there you will find that the mortgages have been sold with full title guarantee.

After all and which I have asked before and no one has answered WHAT DOES THE BOND HOLDER OR NOTE HOLDER GET FOR THERE MILLIONS???

If you go by what ben states then it a piece of paper with nothing on it??? and worth nothing as its all in a trustee.

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

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UNRAM

UNRAM

Posted
Posted
The mortgages are ALL pooled together from other companies and sold as a job lot as it were, they are then sold out to Bond Holders or Note Holders for funds, now you will find that their are a number of documents which all conderdict one another until you come to what the sale agreement states and what the deed of charge states there you will find that the mortgages have been sold with full title guarantee. After all and which I have asked before and no one has answered WHAT DOES THE BOND HOLDER OR NOTE HOLDER GET FOR THERE MILLIONS??? If you go by what ben states then it a piece of paper with nothing on it??? and worth nothing as its all in a trustee.

 

I have just revisited the definition of full title guarantee. Borrowers have disposed of the whole interest. http://www.practicalconveyancing.co.uk/content/view/9559/1242

 

"Where a seller transfers the property with full title guarantee, the following covenants for title are implied:

 

  • That the seller has the right to dispose of the property in the manner purported;
  • That the seller will at his own cost do all that he reasonably can to give the transferee the title he purports to give;
  • That the seller is disposing of his whole interest in the property, where that interest is registered, and of the whole lease, where the interest is leasehold (clearly this implied covenant may need to be amended on a sale or lease of part)";

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applecart

applecart

Posted
Posted
I have just revisited the definition of full title guarantee. Borrowers have disposed of the whole interest. http://www.practicalconveyancing.co.uk/content/view/9559/1242

 

"Where a seller transfers the property with full title guarantee, the following covenants for title are implied:

 

  • That the seller has the right to dispose of the property in the manner purported;
  • That the seller will at his own cost do all that he reasonably can to give the transferee the title he purports to give;
  • That the seller is disposing of his whole interest in the property, where that interest is registered, and of the whole lease, where the interest is leasehold (clearly this implied covenant may need to be amended on a sale or lease of part)";

 

BINGO!!!.....then...back to your question about the POA.....look at it this way.....the lender secures a 'mortgage'...with 'full title guarantee'.....then executes a Power of Attorney.....

 

Guess what the SPV gets??

 

The Lender 'acts' as the 'donor'....transferring to the SPV..'donee'.....all power in what the lender 'purports' to have acquired by way of that said 'full title guarantee'.......

 

The Trustee Delegation Act 1999 is the statute that supports such relationships....In particular it is Section 10 that assists with the understanding to say.....it will be all the 'power' in relation to 'legal' as well as 'equitable' power that is transferred when a deed of Power of Attorney is executed as confirmed by the 'explanatory notes' for section 10....

 

All of which we now know is a complete and utter 'farce'......simply because all of this 'paperwork'....MSA's...POA's ...Trust Deeds...Declaration of Trusts etc.....are all initiated off the back of the UN-EXECUTED DEED that purports to have originated the 'unlawful mortgage'....between YOU and YOUR LENDER....

 

I don't like to use 'harsh' words....but I'm afraid the whole set-up is a '[problem]'!!!

 

It is Legally impossible ...... legally impossible.....

 

However, it is shown that it has been made possible by UNLAWFUL MEANS......

 

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
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I am as you know spending time to look into the LRA 1925......my research so far is beginning to flag up...contrary to my initial thought....that IT HAS NOT BEEN POSSIBLE TO 'MORTGAGE' Registered Land since the coming into force of the LPA 1925 sections 85 and 86........

 

I'm still looking of course and hope to 'clarify' and validate my research so far......

 

If, this is validated...it will mean that not only can every borrower say..... I had no power to 'mortgage' my legal estate....but every borrower will be able to say....'oi, this deed is un-executed and is VOID'.....

 

I'm working on a Defence for Markita and a draft application for both Markita and Mutt1 behind the scenes...so, if you do not see me immediately respond to posts at times.....that's the reason why.....

 

Markita....your Defence will be done in time....don't worry...ok?

 

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
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Is It Me.......you have a AVATAR.......I must say, I do like it.....How did you get that...how is it done????

 

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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citizenB

citizenB

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Is It Me.......you have a AVATAR.......I must say, I do like it.....How did you get that...how is it done????

 

Apple

 

You can add an avatar through your profile if you go to "User CP" at the top of the page - then look to the left you will see a list under "My Settings". You then have a list of options. one of them being "Edit avatar".

 

If you are struggling and have a avatar in mind, just let one of the site team know with a link and they will add it for you.

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applecart

applecart

Posted
Posted
Thanks Apple,

Yes done and have printed them off.

I agreed they will try every thing under the sun now so think cap on and watch for every thing.

 

Hence the need for 'focus'......

 

The battle will be in the court room.....the Tribunal will ask questions...to establish the 'applicants' understanding of what they have submitted.....the 'respondent' will pick up on any utterance of 'un-certainty'.....and look to use it against you......so, it is imperative......

 

The FOCUS and the broader picture must be kept in sight.....

 

 

 

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
You can add an avatar through your profile if you go to "User CP" at the top of the page - then look to the left you will see a list under "My Settings". You then have a list of options. one of them being "Edit avatar".

 

If you are struggling and have a avatar in mind, just let one of the site team know with a link and they will add it for you.

 

I remember when I first joined the CaG...I had access to a number of features.......I only have 'general settings'.....and, when I enter it..... I am reminded that I am 'restricted'......Not Good...Not Good at alll....

 

I want something done about this draconian treatment......can you get it sorted today...Thanks

 

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

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Posted
You being naughty then apple??? LOL

 

Whatever the reason,... you have to admit.... restriction of basic features is getting a bit ridiculous......someone somewhere is condoning these 'restrictions' without good cause..... I contribute to the CaG......Consumers benefit from my posts to the extent that the CaG have attached a message encouraging consumers to make donations off the back of them.....but I don't even have basic features......it is ridiculous......

 

The CaG are welcome to with hold PM......I am happy to post whatever I know on the open forum.......

 

When they thought I was guilty of casting aspersions against my fellow caggers.....there was no time wasted in looking to admonish ME - yet when directed to the 'source'......NOTHING.....then they want to say they 'have nothing against me'......this is more than meets the eye....more than meets the eye... I tell you...

 

Basic features do not include PM......It needs sorting....

 

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
huh? ok will re pm you.

 

pj

 

Best of luck this week P.J : )

 

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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marika41

marika41

Posted
Posted
I am as you know spending time to look into the LRA 1925......my research so far is beginning to flag up...contrary to my initial thought....that IT HAS NOT BEEN POSSIBLE TO 'MORTGAGE' Registered Land since the coming into force of the LPA 1925 sections 85 and 86........

 

I'm still looking of course and hope to 'clarify' and validate my research so far......

 

If, this is validated...it will mean that not only can every borrower say..... I had no power to 'mortgage' my legal estate....but every borrower will be able to say....'oi, this deed is un-executed and is VOID'.....

 

I'm working on a Defence for Markita and a draft application for both Markita and Mutt1 behind the scenes...so, if you do not see me immediately respond to posts at times.....that's the reason why.....

 

Markita....your Defence will be done in time....don't worry...ok?

 

Apple

 

Thank you Apple I am still reading (up to page 39) am still struggling but persevering

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