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yes 85% of people think DCA's are BAILIFFS and wet themselves because they WRONGLY think they can come a knocking and take your stuff away sadly. when in all truth they never can be and have NO legal powers whatsoever. dx -
Just circling back with a thanks and an apology. Apologies because, I honestly thought I'd replied to thank everyone and update, but turns out I hadn't. Sorry. So first of all, a big big thanks to the Forum and all those that helped me on this thread, especially @dx100uk and @AndyOrch. The work you do is awesome and I'm sure I'm only one of many who are extremely grateful for your support. So, in terms of a belated update, Moriarty withdrew, well they said ADCB did. So that's a result. Whilst that was a few years back, I still get emails from odd 'agents' locally in UAE - usually at a weekend - or reminders from ADCB. The sums offered by the agents for a settlement are a fraction of the sums that were claimed - like 75% less - so one would presume if one wished to settle, dealing direct with ADCB may be even less. If it helps anyone, what I would say is this. 1) Listen to the advice from the trusted sources on here. They know their onions. 2) It can seem overwhelming to a layman with all this legal jargon, but don't let it scare you. Just take it a step at a time, listen and learn as much as you can from other threads, and trust the process. 3) I was surprised how shambolic Moriarty appeared to be in my case. Don't ever think the other party is above you in terms of knowledge, experience or how they will conduct themselves. Whilst it was during the pandemic, even on the remote calls with the court, in one instance Moriarty didn't even bother attending the call. In other instances, they didn't reply to certain requests I made via court process. Finally, they just give up the ghost, and a few years later I received confirmation of discontinuance. I'm not saying my experience is/was/may be typical, but what I took from it was it simply came down to brinksmanship and them playing the percentages on their part. Play the long game, take good advice, there's nothing to be scared off and if it's anything like my situation, you may well win the day. The longer things went on, the more you will feel you're on the right side. Especially once it gets into all the process, form submission and involvement of the court, stick to your guns and follow the advice. It's nothing scientific, but if every case was like mine, it seems like these folks have the view that at some point, the defendant will crumble and give in, through fear or otherwise, so it's important to stay brave and keep pushing forward because the further you go, the more it will tilt in your favour. Play a straight bat and the long game. I've now come back to post due to another situation, different debt, and will start a new thread in due course. So keep your chins up, fight the good fight and good luck to all, and sincere thanks for all the help. -
By Bazooka Boo · Posted
The NTK needs to be redacted, your VRN is still showing. -
Hi, yes they swapped over after a brief period when the bank were sending something over. -
Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
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If you are buying a used car – you need to read this survival guide.
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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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Carter - claimform - old Ambrose Wilson JDW Cat 'debt'***Claim Dismissed***
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