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      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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    • 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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      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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PLEASE HELP, overdraft default


optimist22
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Hello everyone,

I really hope someone will be able to advise me in the following incident.

 

I opened a current account with Lloyd's in 2008.

Never had any issue.

 

 

In august 2012, I moved to the states for one year.

My account balance was £0.

I didn't not plan on using my account abroad and therefore did not think it was necessary to make Lloyd's aware of my move (big mistake).

 

When I moved back at the end of 2013 I tried to get a phone contract and got denied

which is why I signed up with experian.

That's when i found out about a default from Lloyd's against my name.

I was devastated.

 

default date-summer 2013

 

Default amount-£201

 

It seems as if the actual amount I owe was less than £5.

The rest was based was based on penalty fees.

 

 

I may or may not have received a notification/default notice/default letter by mail

but since I never changed my address it would have been sent to my old address.

I would have obviously paid the outstanding balance if I knew about this.

 

After signing up with experian I started receiving letter from debt collectors asking me to pay the owed amount.

I have not replied to any of the letters.

 

Unfortunately I do not have the actual contract or old statement anymore.

I have sent Lloyd's a letter asking for further information - see letter below.

 

 

This letter was sent a month ago. no reply yet.

 

Could anybody please provide further advice on how to go from here? I really want to try and remove the default, if possible.

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