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Ae - thanks for your interest. It's quite overwhelming to keep reiterating the background. I've lived through a lot and put a lot behind me. There is one property - that has unresolved civil litigation. It's been subject to lots of litigation - as explained (LH/FH). I also explained the lender could've sold it immediately. They chose not to. The crux of the remaining litigation is focused on the steps they took and why I shouldn't be liable for their failures. My counterclaim raises issues of criminality. I'm very tired. Exhausted with looking backwards. The trial proceedings are at their end - I am now only trying to figure if I have an alternative angle by way of a separate complaint or claim v receiver AND how I can force a sale before the issue would be dealt with at trial. (Aside: i'm still considering if I can complain v broker AND need to follow up with sra on former lawyer negligence) I'm considering Bazza's comment about fmv - this will present more transparency on the situation -
By Will Goodfellow · Posted
What is the £3500 debt based on, estimated or actual readings? You may have all been paying an amount each month by direct debit but that may not have covered your usage so you still owe a debt. If you are joint tenants for the property, all five of you have joint and several liability for any debt owed so you alone can be pursued for the full amount or they can pursue all of you for the full amount. You need to find out whether or not British Gas has billed you correctly and the amount claimed is correct. -
By Will Goodfellow · Posted
The charging order is a red herring. If the IVA fails because payments are stopped, the IVA practitioner can bankrupt the sister. Depending on the amount of equity in the property, if it's quite high, that's a very likely outcome. Advising the sister to just stop making payments is absolutely terrible advice. -
Bazza - fair market value is definitely contentious. Your comment has made me realise I must consider it in detail over the last few years alongside the steps lender/ receiver took. I've made a start
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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
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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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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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