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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.

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      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

mobile money advice

taff18

By taff18
in Log Book Loans / Bills of Sale

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taff18

taff18

Posted
Posted

advice needed please.

 

my partner took out a loan with mobile money and now they are threatening to send bailiffs to take the car as we are behind with the last payment on the original loan agreement.

 

this will not even cover the final payment which has meant my partner having to sign for another six months to extend the loan further i am not trying to get out of paying this loan but when i asked for more time i was told nothing doing and that it will be passed over to collections, any help greatly appreciated :(

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reallymadwoman

reallymadwoman

Posted
Posted

Can you give a bit more info please, and if possible post up copies of any paperwork you have after deleting anything that could identify you.

 

What sort of agreement is it? Personal loan, HP etc?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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taff18

taff18

Posted
  • Author
Posted

certainly

it was a fixed sum loan agreement taken out on a car i will post up copies to, you when i find them all

at the moment the car is not at my address until i can try to resolve this issue

is this the best course of action as i expect the "bailiffs" any day now

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taff18

taff18

Posted
  • Author
Posted

cant upload at mo having problems with scanner but it says on bill of sale made on the date

between xxxxx

and

mobile money limited then goes on to describe the amount and instalments due etc.at the bottom of bos

the schedule above reffered to which is signed by my partner and the witness who is also the manager these are the only two signatures on the bos is this legal or should there be another witness thanks

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reallymadwoman

reallymadwoman

Posted
Posted

My knowledge of bills of sale is limited. If no one else jumps in soon, find another thread about a similar type of loan and ask whoever seems to know what they're talking about to have a look at this thread.

 

From what I do know, keeping the car 'out of sight' is a good plan for now.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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luc1

luc1

Posted
Posted

Right, its likely that they will take your car from you if you are behind on the payments.

 

So If I was you, I would hide the car if you cannot pay off the arrears.

 

As soon as they take your car then the ball is in there court. So I would hide the car and contact MM.... tell them that you have hid the car as I know that its only a matter of time that you will be round to take the vehicle.

 

Tell them that you are not willing to pay for these unreasonable charges.

And if we cannot come to a agreement (confirmed in writing) then I will have to contact Citizen Advice and/or National helpline to assist me with the regarding debt.

 

Always be one step ahead of them....

 

Luc

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trooper68

trooper68

Posted
Posted
I would suggest, in terms of practical advice do two things:

 

1. keep your cool, call MM and make a reasonable offer of repayment

2.Dont rely on the independent witness issue making the BOS void - this advice is misleading and not factual

 

 

Sorry, no2 "misleading and not factual", please explain how you came to that statement.

 

trooper68

Trooper68:)

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trooper68

trooper68

Posted
Posted (edited)
ok thanks i will ring mm see what they say

 

 

Hi Taff18

 

By all means call MM, but, please DO NOT RESIGN A BOS.

 

If you can, get the persons name, make notes, even better record the phone call.

 

Take everything with a pinch of salt, unless they agree to confim in writing.

 

trooper68

Edited by trooper68

Trooper68:)

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taff18

taff18

Posted
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Posted

thanks trooper68

 

i did not ring them i just e-mailed them explaining my circumstances and have saved a copy

 

i thought that was an odd statement to make as i have read other posts and still have the bos copy many other members cant be wrong about bos

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trooper68

trooper68

Posted
Posted
thanks trooper68

 

i did not ring them i just e-mailed them explaining my circumstances and have saved a copy

 

i thought that was an odd statement to make as i have read other posts and still have the bos copy many other members cant be wrong about bos

 

 

You have to be carefull, "they" do read these posts.

 

Ok, taff18, while you are waiting for their reply, may I suggest that you can do a little research of your own in to a BoS, if you do a little search on Nicky Bodmin and Applecart they have some fantastic posts with some very usefull info.

 

What you will need to do is to carefull check you paperwork with MM. This includes the CCA and BoS. These must confirm to prescribed terms set out by law. Don't be put off by reading far to much in one hit, have a cup of tea in between posts. You will get some idea of where you stand. If you are not sure on anything post a question in the forum.

 

If they have not followed what is layed down then it can become very complicated for them.

 

i'll keep my in on this one.

 

 

trooper68

Trooper68:)

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seekeroftruthandjustice

seekeroftruthandjustice

Posted
Posted
Sorry, no2 "misleading and not factual", please explain how you came to that statement.

 

trooper68

 

Trooper

 

I dont believe point 2. is based on fact. I saw a previous thread (sorry cant remember which) offering an alternative view and more recent case law

Also I have not seen any posts confirming arugment holds in court and stops repossessions, therefore just trying to offer simple and non-technical advice to taffi

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