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    • thanks dx did i check the wrong thing , i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name, have joint building society account for our state pensions to go in thats it for me, do not want any credit either at our age we just pay the bills when we get them
    • I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this So how else is it served?  so by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it?   
    • @jk2054 Thank you for this detailed response, and appreciate you are responding while busy.  In response to your points: In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute. I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs.  I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.  Does it mean a new witness statement will need drafting to send to the court / Evri?  As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS. In the email, is it worthwhile also telling Evri that I will be making a point to the judge that: the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink. Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri. Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday.  @BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court. FYI - Court date is in 2 weeks on 7th June.
    • as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise. dx  
    • hi word for word the message says please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++ that was sent on 20th feb, i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress,  will probably check again to see if there is anything  thanks for your help   
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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.
      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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Making a claim against model agency, want to add daily interest on top of fee owed.


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Hi,:(

I did 3 days extra work for an agency in december, i got paid for two in feb 07. Since then i have been calling everytime i speak to them they say next week or make up some excuse, i sent a grievance letter in aug saying i'm going to take legal and also reported to DTI and they told a pack of lies. Anyway i want to charge interest of 22p per day from the day i got paid two days till now. What do you think?:evil:

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If you invoiced you could clearly claim interest 8% over the base rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, as below:

http://www.payontime.co.uk/downloads/commercialdebts.pdf

 

I would claim interest based on it anyway and see what they say.

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Model and field marketing agencies do usually require an invoice, i'm afraid.

 

What does your assignment confirmation letter say?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I'd still check what it says in your assignment confirmation - he may be able to drag things out over technicalities.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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