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6 years from date of DN/Last Payment to take you to court. Further 6 years to enforce the CCJ. -
Well I have none, so I think me telling them would be a proactive preventive step to "help" them weigh up whether to proceed with court action. Doubt they would do so if they knew it was a waste of time because I own nothing they can send bailiffs to or put a charging order on. -
By London1971 · Posted
Your assets are none of their business -
Thanks, sounds like the most important thing is for me to inform them is that I now live abroad and that I have zero assets.
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I just worry because I might want to return at some point in the future and not sure if that would mean coming back to a whole world of pain with court stuff I haven't dealt with. Not sure what timescale there is for them taking court action - if it didn't happen within a year, is that the end of it? I doubt I will be returning to live here before 1 year's time, but I might want to in the future if I can afford it.
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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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