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    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claimform raised against Hermes & Packlink as joint defendants - Lost Parcel ** Packlink Settled**


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Has Hermes file and acknowledgment?

 

Also, Ho t=do you know that this Packlink address is the packlink with whom you dealt with to courier the parcel?

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So looking back you don't have this particular Packlink address on any documents or website that you have been dealing with to suggest that you had a contract with them – is this correct?

Let me say that I'm quite certain that this is the same Packlink – but unfortunately with limited liability companies, it is very easy to fragment the organisation into different identities and which legally are separate from each other so that if you see the wrong one, you end up going down a dead-end.

I would certainly apply for judgement against this company. It won't do you any harm – but maybe you had better hold back from any enforcement proceeding because that will simply incur costs.

Keep on checking on money claim to see if by some miracle you will be able to apply for judgement against Hermes when the date comes.

Let us know once you get the judgement against Packlink. Keep on doing some research to see if you can tie this address into the company with which you contracted.

Also, this Packlink address is probably just a business address – purely administrative and is unlikely to hold any assets at all belonging to Packlink.

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  • BankFodder changed the title to PackLink & Hermes- County Court claim

I'm terribly sorry but with the best will in the world, the defence you have posted is scarcely legible.

Please can you scan the actual document in PDF format.

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All you have to do is to redact your personal details and then post it up here. Nobody else has any problem at all and it's very straightforward.

We try our best to help you and we simply ask you to present us with the documents in the way that everybody else does.

Please will you simply redact your personal details and posted up here in PDF.

 

Multipage single file PDF – which means that one PDF file contains all the pages in the right order right way round so they can simply be clicked to the next one and the next one and to the next one. Thanks

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Please can you scan it up

 

I'm trying to remember the details of this case. You sued Packlink as well – did you enter a judgement against them

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Okay, when you can.

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I'm sorry, but the way that you presented these documents is not acceptable. To begin with they are scarcely legible – and you should present the documents in a clear and intelligible way – in the way that you would like them to be presented to you if you were putting in effort helping somebody else for free.

We need them scanned in PDF format

Multipage single file

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  • 2 weeks later...
  • 2 weeks later...

Thanks for this.

What they mean by "a bar" in place for Packlink?

 

I've just scanned through and I realise that this is a problem where a claim was actually brought against Packlink after you found an address in UK and you obtained a default judgement.

This looks as if they are offering to settle the judgement!

Amazing results if it happens. Please let's know – that a tentative "well done" to you👍

 

I've just looked around the Internet and I see that "a bar" being put in place for a defendant can indicate that the defendant may be applying for set-aside and you are prevented from executing any warrant for enforcing the judgement.

And at the same time, it seems that they may now have contacted you with a view to settling the matter. @Andyorch

 

I wonder if they will simply settle in full or they will try to make some compromise

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Well be careful of my clarification – I'm just guessing based on what I've been reading on the Internet

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A bar can be put in place for numerous reasons against either party to stop the other party from doing something.......check the DQ dates on the status...have they filed on time or too late ?

 

Andy

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  • 2 weeks later...

Very well done. Congratulations and thanks for the update.

I had no idea that packlink had a presence in UK. It would be very helpful if you could put up their full address here  even though you may have put it up earlier on in the thead.

 

What message did they send you?

 

 

 

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They didn't respond on MCOL, it's likely that Hermes made them respond. I will go ahead and post it still however.

 

They merely just asked for the court documents, and then said the full amount will be credited on the 24th.

 

3rd Floor East Passage, London, England, EC1A 7LP
 

Companies house number: 09026541

 

When checking again on companies house, it now says:

 

Company status
Dissolved


Dissolved on
1 December 2020

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