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By lookinforinfo · Posted
Hamz909 I am sorry not to have replied already. The last couple of days have been hectic so I have only completed about half of the explanation . I hope that it will be finished later today though it may not be till Monday as I am baby sitting one of my grand daughter's this morning and watching another grand daughter in a play in the early evening. And I may have to add something else after looking at the situation again. -
By honeybee13 · Posted
Please don't ask for private advice, it's not what we're here for. Forum rule 3.5 (d). HB -
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Morning, Here posting for a friend. She had 4 contracts with Tesco as part of a family plan that was in her name, due to a relationship breakdown she was unable to keep up with the monthly payments so just stopped paying. She has started to recieve letters from both a debt collector AND tesco telling her to contact them to settle the accounts. She has not responded to either, the letters went in the drawer. Firstly, I was under the impression that when a debt got past to an agency the original owner would no longer contact, why are tesco still sending letters asking her to settle? Secondly, what is she best doing in this situation, set up a repayment plant with tesco or debt agency? Ignore, ignore, ignore or (is there a 3rd option?) Thank you for your help -
I would strongly discourage Intrepid from sharing any personal information. Users of the forum know absolutely nothing about each other. Seldom Seen is a very recent registered user, who appears to be reluctant to start a thread. That's fine if they want to use info from other threads to go it alone it alone, but they should certainly not be approaching other users. The forum relies on input from users to function, but Seldom Seen, seems not to want to contribute in any way.
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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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