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By London1971 · Posted
I've just taken another look through the stuff they sent me in response to the CPR request, the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really. On the other side of the paper are standard Lowell terms and conditions that are only half on the page. Should this be part of my defence? -
By BankFodder · Posted
I agree with my site team colleague above. We need to know all the facts including which company you are dealing with and an explanation of the problem. It really is too difficult to start giving speculative advice on some speculative problem that you have laid out as a generalised scenario -
By DebtFreeMO · Posted
Moorcroft are sending a rep round to my house this week. What is the best way to handle this? Ignore and not answer the door or engage with them? I haven't acknowledged anything since I started on this journey and defaulted on my cards in December 2022 -
By BankFodder · Posted
Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look -
By recycledhippy · Posted
Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving. The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time. (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question. I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house. I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent. Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself. As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property. And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated. Can I insist they let me listed to the recording? RH
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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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Disputed 3 mobile debt/default sold on to Lowell - **WON+COMPO+DEFAULT REMOVED BY 3**
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