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OK, apologies - have done this. -
pinging @BankFodder a letter of claim is 14 days not 7 dx -
a CCJ does not 'expire' thus does not need any application to a court to 'extend it'. if a CCJ has not been enforced within 6yrs, then it is very unlikely any court would grant such should the claimant return to court, of which the defendant would be advised -( unless they have moved and not informed the court & the claimant such) .
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I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof. -
By unclebulgaria67 · Posted
It will be years before Banks would sell to a debt buyer. Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action. So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments.
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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.
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