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By Coleman0123 · Posted
Hi, It has been very stressful. I have just received a letter of 'Notice of Transfer of Proceedings' which states the case has been transferred to my local court and to await judge's directions. Is there still a possibility that it will not go to court? The other issue I now have is that I am moving abroad for work in the next few months and now might not actually be able to attend the court hearing! I am not sure what the best course of action is now. I feel like after all this, the MET are going to win anyway! HELP! -
Thanks for jumping in Bazza. I understand that some people would suggest this. But no. The moot point is that there should not be any debt. There shouldn't be any reason for me to be made B. The lender / receiver are responsible for the property not selling in a timely manner. Whoever heard of a (well-located nice) property not selling in >5y? They have no reasons. Disclosure has subsequently offered staggering evidence which corroborates lender bad behaviour, bribery, and collusion/ interference with the receiver. I am holding them to account for this. It is clear they don't want this evidence in the public domain - it will shred their reputation. (One also has to understand that the ceo - with collusion and conflict of interest (using same lawyers as lender) and receiver - tried to get the property cheap for his own use) They now want to agree a settlement. I have separately reported a lawyer for negligence to the LO and SRA. I want to report the receiver as soon as I understand how to. -
By Stripeycat · Posted
Same as Barclays one I have just updated on. PRA group have written back and told me they intend to proceed with claim, have also sent another stack of documents, similar to last time round. I did fill in an online income breakdown etc on their website offering to pay them x amount of money back each month, a couple of weeks back, they haven't acknowledged that ? -
By Stripeycat · Posted
Hello, I wasn't able to update the defence, so they got the daft one. Pra Group have responded dated 25th April saying they intend to proceed with claim. I have also received a stack of documents, similar to last time - print outs of old statements, but this time around they have send me a copy of the Barclay Card Conditions. Unsigned and dated. The address is an old address. A consumer credit agreement with current address. Pages of it and no signature. I have uploaded onto a PDF what I have. The CCA agreement looks like a generic print out, I5 pages + long, I've included the 1st page that had my details on (redacted) don't know if its necessary to upload all of it. Barclays 26042024.pdf -
I suggested consideration of bankruptcy some years ago. It was not well received.
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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.
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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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