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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.

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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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I'm being chased for a joint loan...


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Not sure if this is the correct place to ask for advice but...

 

I am currently being chased by a solictors for around £15,000, which was a joint loan taken out by me and my wife. I have since spit with my wife and due to various unlucky events I have not been able to pay back this loan.

 

I was sent a form by the county court that I had to fill in and upon reading it it I found I was being chased for the full amount. No mention anywere of my wife just myself.

 

I gave a defence that i was willing to pay back half of the money owned because it was a joint loan but I was not willing to pay back the full amount.

 

A few weeks later I recieved the defence of the claimants that says that they can chase who ever they like for the debt. Although they did say it was a joint debt with two people who I have never heard of, neither of which are my wife.

 

I was wondering are they allowed to chase who ever they like for the full amount of a joint loan?

 

And can I use the huge mistakes with the names to my defence?

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I'm sorry to read of your situation. The creditors are quite right, they can chase you for the full amount as you and your ex-wife are both joint and several liable for the debt. I'm not sure the defence will wash as they are able to chase for the full amount.

 

You should certainly challenge them on the basis that you've never heard of the other party. I would consider a part-18 request for all the information they will rely on, such as agreements etc.

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