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By LouLouDev79 · Posted
Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000. I did not own a Barclaycard in 2000 so I know this is not true. The CCJ notice was sent to an old address so I did not receive it. Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside. As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside. The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement. I won the case and the CCJ was set aside. Link then filed to court again to make me pay the debt. We both filed directions questionnaires and the judge allocated the claim to the small claims track. As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim. The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents' It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc. The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline. I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday. This does not give me much time to prepare my witness statement. I have never done anything like this before and I am unclear what my witness statement should include. My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt. They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k. I am not sure what makes a valid default notice? I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt. Should I include these as an appendix? Are there any other documents I should include in my bundle? I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate. Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks Louise -
Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning -
By Laura Cooke · Posted
The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address. I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it -
Yes, it would. Especially as they are supposed to put up extra signs to show that parking restrictions have changed, which of course they won't have done. -
Right would that be grounds for a dismissal right there then, 90 seconds?! Lookingforinfo - you're getting crossed wires buddy, we're in the hospital thread here, the ICO complaint was my other appeal the Locton estate one Regards
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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
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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.
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.
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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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