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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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      Many thanks 
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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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      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 and stayed court claim from mar 2019 - now Terminally ill informed cabot but they wont let up chasing


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This is about a debt passed to cabot.

Default date: March 2017

 

In Mar 2019 cabot issued a claim against my brother for a debt in the CCBC. My brother filed a defence and wrote to them asking for them to discontinue the claim due to serious mental health conditions and provided medical evidence.

 

Mortimer Clarke replied stating they were no longer pursuing the claim and would return to cabot. They did not issue a discontinuance that he is aware of. The claim stayed as far as he knows and was returned to cabot.

 

Cabot continued to pursue the debt via letters, all of them ignored.

 

In Jun 2022 my brother was diagnosed inoperable TI with 3-12 months to live. The cabot letters continued, I wrote to them not acknowledging the debt and on his behalf explaining the situation with medical evidence and asked them to leave him alone. They ignored this and contact increased.

 

I again wrote complaining but to the CEO this time explaining that their actions were harassment of a terminally ill person. Not only was the letter ignored but the level of contact increased.

 

We then then received a letter from the complaints  dept stating they would hold for 3 months (to see if he dies i presume) and then continue to pursue which they have.

 

We have ignored them from this point but now somehow they have got a hold of his telephone number and the calls and texts have started along with the letters inc. late night calls. He now has switched his phone off so he doesn't get calls from them but for us this means we can't get hold of him and is worrying as he is bedbound, very ill and alone in the house. He has been through gruelling treatment and cabots indifference to this is really shocking.

 

My question is

what course of action can he or i on his behalf take.

Does he apply for a strike out of the claim made in Mar 2019 or wait for the debt to fall off his credit report in Mar 2023 (3 months) or something else.

 

We really need cabot to understand that their actions are completely unacceptable by contacting him and not abiding by the letter they sent stating they would not longer pursue the claim.

 

We need contact to stop.

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  • dx100uk changed the title to cabot and stayed court claim from mar 2019 - now Terminally ill informed cabot but they wont let up chasing

We've decided to get him another number and let the hospitals / Dr's know the new number. 

We'll wait until Mar next year which is 6 years from the default date and then send the sb letter. They'll probably ignore that aswell.

There's no talking to cabot as they are completely indifferent to anyone's issues and just want money no matter what. 

 

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