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OK. But it's going to take a little while to read through all these documents and put them together, when a lot of us on the forum are working. Be patient. But we'll get there! -
By Strawberry_candy33 · Posted
So a follow up for the last letter. I got a SMS saying I had a new letter and I viewed it online. it told me that my account is no longer on hold and I should call them to set a repayment plan. er..no I don’t think so ! Still no response to my CCA request so I guess I will just wait for the next PAP form to come 🙄 is it worth sending a 3rd CCA request? -
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Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason. Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions. And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached. 02/01/2020 - alleged contravention 29/11/2020 - scrapage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct 02/02/2022 - I move to my new place 18/01/2023 - first letter of debt recovery to my new address 21/11/2023 - letter of claim raised to county court Funny enough I never used that parking, so since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact) I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area. I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.
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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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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
Post in Some advice on buying a used car
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Post in Some advice on buying a used car
BankFodder posted a post in a topic,
People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
It always leads to tears!
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Pizza delivery insurance
BankFodder posted a topic in Postal and Delivery Services,
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