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By WantJustice · Posted
It is a claim form from the courts -
This a claim form from the courts or a letter before claim from the sols? -
Interesting this one. I have no real knowledge to give but I wish you and your wife luck. The guys here are ace so Im sure you'll be sorted in no time. -
By WantJustice · Posted
Hope we're in the correct place. Have, today, received a court order for a car loan debt taken out in 2015. The car loan was issued solely to my (vulnerable) wife, based on her annual income (at the time) of around £9000. The loan repayments were set at around £240 pm (plus a last balloon payment of roughly £3500 - after 5 years). The loan total given to her, with interest, was £14,318. Irresponsible lending at its best? We had 3 young children at the time. We tried keeping up with the payments but after the last payment we made (Feb 2018), we simply could not afford to pay. My wife got the odd letter/threat but nothing until a solicitors' letter arrived. She wrote back, making sure it was clear that she was not acknowledging the debt, but requested all the necessary paperwork. A few weeks later they sent her some (not all) of the paperwork, but the Terms and Conditions document was incorrect, it was different to the original. With that in mind, we just let it be. They didn't write for two years, until they demanding payment again. Wife wrote back (again not acknowledging the debt) and told them the paperwork they sent 2 years previously was incomplete AND it had the wrong Ts & Cs. Nothing again for a year until a new person wrote- they were told the same and hadn't heard anything again until the court order arrived today. Will ignore the fact that the court order say Miss and not Mrs but just looking for a steer on how to respond. Does she simply quote the Limitations Act in her defence? Does she mention that they've never sent the requested docs to prove the debt, let alone sending the wrong Ts and Cs. She has 14 days to respond but like to get it done well before then. Thank you -
we are free we dont get paid but try telling that to our server hosts or isp providers... donate if you can = thanks dx
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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