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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Yorkshire Water CCJ..or not?


garyrw100
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Hi everyone,

I hope somebody can help with this.

On 24th November 2006, I received a CCj for £513 from Yorkshire Water. After much scrimping & scraping, I managed to pay the full amount on the 22nd December to avoid the CCJ staying on my record. I paid it using the printed form on the bottom of the demand for payment from the court into NatWest Bank (YW's Bank). This morning I got a letter from YW Stating that the payment was not received by them until the 29th December and that the judgement could only be marked as 'satisfied' as the payment was not received within the month allowed.

My argument is that I paid this within the month in good faith. Surely the fact that the bank did not forward the payment to them for another 7 days is not my fault and I should not be penalised for this. I have a receipt from the bank with the date clearly on it. Is there any way I can persuade the court that this is wrong?

Many thanks in advance for any answers.

Gary.

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  • 3 weeks later...

It was too late for the payment to be credited to the account on time. The payment did go into the Yorkshire Bank account on the 22nd but it does work like credit cards in that it has to be manually credited to your account which is 3 to 5 working day later. Count it with me. Day one Friday 22nd December, day two is wednesday 27th December, day three is Thursday 28th december and Friday 29th is day 4. It would have or should have said that on the Bank Giro Credit or paying in slip. Technically they are right and technically you are right.

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