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    • I had some contact with this company earlier in my working life but I'm afraid there's not a lot I can suggest that you haven't already done. During your grandfather's time  British Celanese was a subsidiary of Courtaulds. Courtaulds was subsequently (after your grandfather had stopped working there) acquired by Alzo Nobel. They in turn closed down the Spondon site and sold it. I have no idea what the number is that you are trying to call. It's a Derby (Spondon) area code but the number appears not to be allocated. From my slim knowledge of the history of the company I would have expected your grandfather's pension to be in the Alzo Nobel (CPS) Pension Scheme.  But Willis Tower Watson are the Pension Scheme Administrator of that scheme and would be the people who should know if your grandfather had contributed. Is your grandfather certain he contributed? Joining pension schemes wasn't compulsory in those days. Or might he have got his contributions returned when he left them? That happened sometimes back then. Sorry not to be of more help.      
    • I am sorry I am not aware of this report from IAS assessors? The Court will consider my application at a online hearing in June. The Court instructed me to send Bank copies of my sons condition proving he could not have been the driver I have heard nothing further. My son is not aware of any proceedings I have not involved him to avoid causing him distress, he has been sectioned a fair few times and I need to avoid this happening.
    • I am very pleased that the Court has taken the decision to allow you to  represent your son and hope that he is happy enough with that to relieve the stress he will also be feeling. I do agree that Bank parking are so insensitive, greedy, horrible etc etc to continue proceedings considering  in what it is a very minor case of a wrong number plate . Even their  own  IAS Assessors, who are normally hopelessly biased in favour of their members, went out on a limb and said  " The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." That is damning evidence and you must take that report with you as well as including that in your Witness Statement which we will help you with. I would expect that Bank would discontinue the case at that point.  But I am sorry to say  that you should not count on it.  
    • Evening all,   I have deliberated over this offer for two weeks and I have decided to take their offer. I do understand that some may prefer us to go to court and receive a judgement but with our personal circumstances and my current military commitment that could become an issue. I am so grateful for all the help and support you have all offered me over the last few months. I will continue to monitor this site and push all those that are being wrong to get in touch.   Thank you! what you all do is truly amazing!
    • When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it). I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further? I have now filed my defence, and have had an acknowledgement from Overdales and the court. A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.
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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.
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      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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Cabot/Mortimer claimform - old British Credit Trust Car HP Agreement - stayed - Now +3yrs N244 for summary Judgement - Statute Barred?


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Well thats your choice...but here is how the possible scenario will pan out.

 

They will withdraw the offer of a Tomlin...if they make application it will be as I have advised above....lift the stay and request Summary Judgment/Strike out your defence.....that will cost them a further £255...which in turn you pay for along with the fees so far and the additional fees of their counsel  for the day.

 

The claim has not been allocated yet and therefore application for SJ will incur you further costs and you are not protected under Small Claims Track Fixed costs.

 

If they take this next step..and they may or may not you can forget £2800...and add another possible £6/700 plus a CCJ to boot.

 

Their paperwork looks water tight to me.

 

Andy

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