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Use the initial defence as a basis. Go into much more detail about them and include examples and provide evidence re: failing to issue PAPLOC/abide by PAP (By their admission on directions questionnaire) abuse of court process by double charging interest how the arrears were built up (Multiple Major Works in a short period, not sure if S20 was followed etc) refusal of a payment plan without admission of liability, payments were still being made they've been unwilling to prove their allegation that the money was owed and instead wish to strike out your defence. Essentially you want to argue why the court claim should never have been raised in the first place, or at least that the issues are so complex that it can't be decided via summary judgment. -
By lookinforinfo · Posted
You surely would have kept all the documentation from NPE after you had the ICO involved? -
Hoping to start working on this today.I think I still have plenty of time ? Nothing further has been received in the post yet. Unfortunately my mother had a fall on Friday so had to be with her over the weekend but coming home later. Have been looking at Witness Statement examples but can't find any examples similar to our situation. I will post something up as soon as I can but might be a bit delayed. Appreciate any help and guidance. -
Actually looking at the original post of mine in this thread it appears that I didn't retain any of their original NTK docs etc as I thought they'd dropped the charge since I hadn't heard anything on this in over a year. Screenshot_20240428_102325_Brave.pdf -
By polishchap · Posted
Well back in 2019 I still had the 'fear' of these paper tigers. So I followed advice from another debt forum, requested CCA for all. A CCA was supplied for this account so I set up token payment and put it out of my mind. I thought that this was the correct course of action....and you know, you don't know until you know better. I've only, in the last couple of weeks found the info on this site's forums. I will be stopping paymenst and shall break-off all communication unless I receive a letter of claim. I assume that the missing payments information would come in to play then? They have my current address.
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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.
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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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lowell/carter claimform - argos storecard 'debt' ***Claim Struck Out***
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