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By LouLouDev79 · Posted
I guess I just have to wait and keep my fingers crossed then that the judge sees them for what they are and strikes it out! It’s really unfair that these solicitors are allowed to miss deadlines and still get permission to proceed. Like I said, they did exactly the same trick on the set aside hearing! -
urban myth sadly. it is only written off on their books and as they say, a balance still, legally, does exist. you most probably didnt owe the whole balance anyway as unlawful penalty fees and the the interest they accrue typically inflate a debt to a much greater level. your saving grace here is this was to the original creditor and the fact you've had a default notice sometime vack? so regardless to whatever happens, the debt will vanish from your credit file on the DN's 6th B'day. though that doesnt mean a debt is still not owed and that it wont be sold on. just keep that letter from BC safe. dx -
Card taken out in 2017, default 2021 or 2020, paying a full and final for me was about me trying to rebuild my life without having a 7k plus debt hanging over me, I am nearing retirement and want some peace of mind, I read the agreement letter and thought this is good enough and doubted that a third party claim would succeed if they tried to take me to court. I just wish Barclaycard would say thank you sir matter is all settled now rather than trying to maintain that a balance exists, even though they say I do not need to pay it. -
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no, ive had some good advice from people who read the topic and stick to it...its a shame some people are away with the fairies and think im talking about something irrelevant they suggested when i dont want to.
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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.
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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