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Topic moved to Financial Legal Issues Forum. -
thanks for the fuller story now... sadly on most assumptions you are wrong. i cant see you going anywhere with this . the file can appear twice on your file, but doesn't hurt you twice. OC's are not obliged to default a debt before sale (though if they dont - it renders the debt useless to a debt buyer) . thus Lowell just left it and in 2021 their entry fell off due to 6yrs of no reporting. lowell didn't 'write it off' its an automated CRA File process . The old EE entry was held on your file because of the AP markers, they are a real bugbear to any account and if its never defaulted can cause an account to show for 12yrs on cra files regardless to any balance or not. in your case its sadly somewhat immaterial that EE erroneously used AP, it appears it didn't actually harm you. you cleared the EE entry bal by paying £69 in 2022, that wouldn't have changed anything really. the AP markers held it on your file. so either EE now remove it or you await it's natural drop off 6yrs from the last AP mark. -
By London1971 · Posted
So my CPR request has come back from Overdales, the same multipage 29 page agreement that came back via the CCA, plus notice of assignment. However no Default notice, or Statement. They just confirm that they have raised a request for a copy of each,. -
Thanks so settle by Consent/Tomlin Order
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Hello,
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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.
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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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