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By Sarahswoes · Posted
No, I haven't moved. I'm not sure they will allow a witness statement though. Is it just a letter with some proof I hand in or can I respond to what the Drydens have submitted in their bundle? Do I need a special form? I just had a look. The default letter is on page 32/33 of the pdf you collated. I can't see the date on it. I can see it stated in the Termination letter, but not the actual default letter. -
have you moved since 2016 deferment? dx -
By Sarahswoes · Posted
Thank you so much! I'll revise. -
thats not a witness statement. you need to follow the format of the ones you are reading on those threads. the DN does have a date on it 2018-10-02 the dn was issued almost 3 yrs after your last successful deferment ....debt should be statute barred and you've already reached age write off you mention earlier too? alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the date of last successful returned deferement form. . 1 The Claimant's claim was issued on dd/mm/yyyy. 2.The date of my last deferment was (date) 3.The Default Notice was issued dd/mm/yyyy and served xx yrs and xx months after the initial breach thus the cause of action was delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.
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By Sarahswoes · Posted
Please find attached a letter draft. I have no idea what I'm supposed to do so I apologise in advance if it's all wrong. Letter draft.pdf
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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