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If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court. -
Not Evris offer, the court offers mediation service. All claims proceed to hearing if mediation fails /not happen. Why do you not wish to attend in person to stand your claim ? Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation. https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007 Andy
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LPA. (I'm fighting insolvency due to all the stuff that he and lender have done). He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh). There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice. Disc also shows he'd taken counsel advice - which was 'he'd fail'. He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer. Lender asked him to stay on to assign notice to the buyer. Notice failed, buyer didn't buy. So receiver stayed. There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them! Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost. But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs. Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'. And he did fail. But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works. Receiver should have said no. But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?) I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'. Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell. The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations). The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver. That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides). Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions. Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed. Receiver remained appointed. I'm arguing lender interfered in receiver duties. Receiver should have just sold property 4-5y ago w/o allowing any works. Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before. The lender spent a ton of money - hoping that would facilitate a quick sale. But the money they spent and the years they have wasted has meant they had to increase sale price. It's now completely overpriced. And - of course - the same issues that put buyers off (before works) still exist. The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property. Before works this agent had valued it low. After works this agent suggested a value 70% higher! The lender persuaded receiver to sack one agent and instead use this agent. No offers. (Price way too high). Research has uncovered that this main investor has since died. I guess his investment is part of probate? And his family want it back? Disc shows the sacked agent had actually received a high offer 1y ago. Receiver rejected it. (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22. The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial. It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver? -
Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process. -
Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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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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