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


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

In court on Tues, worried sick CASE ADJOURNED

Shazza50
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caro

caro

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Have you got a glass of something to help steady your nerves? lol

 

If not I always find taking a few deep breaths helps calm me down.

 

I really don't think you have anything to worry about. You're already paying more than your normal payments so any judge can see that you're genuinely working at sorting this out. They only enforce action as a last resort.

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caro

caro

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Have you got a glass of something to help steady your nerves? lol

 

If not I always find taking a few deep breaths helps calm me down.

 

I really don't think you have anything to worry about. You're already paying more than your normal payments so any judge can see that you're genuinely working at sorting this out. They only enforce action as a last resort.

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Shazza50

Shazza50

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REPOSSESSION ADJOURNED :cheer2::cheer2::cheer2::cheer2::cheer2::cheer2::cheer2:

Thank you so much for your help Ell-enn and caro.

As you suggested we asked if there was a free legal advisor on duty, and what a nice lady she was. It was her that asked for the adjournment.

NR rep said that even though we had paid, all our payments had been late, so I explained to the judge that I had been told in a phone conversation with NR that as long as payments were made before the end of the month it would be ok and that NR had never informed me in the past months that I was late paying. NR rep also brought up the matter of the missed payment in Jan, but I explained to the judge about the failed direct payment at the bank and that it was paid as soon as it was noticed and he was ok with that.

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Shazza50

Shazza50

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REPOSSESSION ADJOURNED :cheer2::cheer2::cheer2::cheer2::cheer2::cheer2::cheer2:

Thank you so much for your help Ell-enn and caro.

As you suggested we asked if there was a free legal advisor on duty, and what a nice lady she was. It was her that asked for the adjournment.

NR rep said that even though we had paid, all our payments had been late, so I explained to the judge that I had been told in a phone conversation with NR that as long as payments were made before the end of the month it would be ok and that NR had never informed me in the past months that I was late paying. NR rep also brought up the matter of the missed payment in Jan, but I explained to the judge about the failed direct payment at the bank and that it was paid as soon as it was noticed and he was ok with that.

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Ell-enn

Ell-enn

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Great news - well done :)

 

Do you mean it was Suspended rather than adjourned ? adjourned means that the hearing will take place at a later date?

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Ell-enn

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Great news - well done :)

 

Do you mean it was Suspended rather than adjourned ? adjourned means that the hearing will take place at a later date?

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Shazza50

Shazza50

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Definately said adjournment. Before we went in that is what the legal advisor said she would ask for and when I asked what that meant she said that if we missed any payments we would be back to where we were today, a repossession hearing. She said it was like taking a step back from todays hearing.

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Shazza50

Shazza50

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Definately said adjournment. Before we went in that is what the legal advisor said she would ask for and when I asked what that meant she said that if we missed any payments we would be back to where we were today, a repossession hearing. She said it was like taking a step back from todays hearing.

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Ell-enn

Ell-enn

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ok, sounds like adjourned with liberty to restore - you will get a letter from the court in a few days confirming what the judge's order was, could you post on here what it says exactly please.

 

Ell

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Ell-enn

Ell-enn

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ok, sounds like adjourned with liberty to restore - you will get a letter from the court in a few days confirming what the judge's order was, could you post on here what it says exactly please.

 

Ell

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Ell-enn

Ell-enn

Posted
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Yes, it means they will have to restore the hearing and can't go straight for an eviction warrant.

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caro

caro

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Brilliant Shazza. I'm thrilled it's worked out for you although I never doubted it would.:whoo:

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ell-enn

Ell-enn

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Hi, yes it's best in Legal

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Shazza50

Shazza50

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Posted (edited)

Well I got home from work tonight and I cannot believe the letter I received from NR today after what they put us through :-x.

The letter is headed 'Monthly Payment Arrangement'

 

NR.jpg

 

 

 

1. I phoned NR on the 21st April and offered to pay £35 extra per mth the same as the 'agreed payment arrangement'on this letter. They wouldn't accept the offer and I was told that they would still be going ahead with the repossession hearing.

2. The possibility of capitalising the missed payments was never discussed with me.

3. The expected payment day of the 31st, I always made the payments at the end of the month yet in court NR claimed that my payments were late every month because of this.

4. This letter is dated 30th April, we were in court on the 26th April !!!

 

Sorry about the poor quality of the letter, I'm not very good with this scanning and uploading lark :)

NR.jpg

Edited by Shazza50
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Shazza50

Shazza50

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I have received the letter from court today Ell-enn. Bit miffed with it as it says 'Upon hearing a rep of NR and upon Mr and Mrs not attending. when we flippin well did.

The rest goes like this: Order for possession (mortgaged premises) (suspended)

This order has been made on discretionary grounds and the court orders that

1. The defendant give the claiment possession of xxxxx St on or before 24th May

2. This order is not to be enforced so long as the defendant pays the claimant the unpaid instalments under the mortgage by the payments set out below in addition to the current instalments.

Claim adjourned generally with liberty to restore on terms above.

 

I don't understand what point one means.

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Ell-enn

Ell-enn

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Hi there, Point 1 is normal wording on a suspended order. In other words the judge has ordered that possession is not to be enforced while ever you make the payments agreed in the hearing.

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Shazza50

Shazza50

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Thanks Ell-enn, I've just spoken to the advisor from the council and she has advised me to contact the court about the order saying we didn't attend and also about it having 'suspended' on the letter as it was adjourned and not a suspended repossession.

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  • 4 weeks later...
Shazza50

Shazza50

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Northern Rock/NRAM are really p*****g me off now:mad2:. I just got home from work and received a letter dated 2nd June and headed 'arrangement in default 15 business day notice of possession hearing'.

I went to a NR branch on 1st June and paid the June payment in cash, and because it didn't get to NRAM until the 2nd June they sent the letter. They didn't hang about did they?

Apparently they are two different companies (which I didn't realise)and even though I paid cash that is why they didn't receive it immediately. As the payment is due on or before the 1st of the month and I paid cash I thought I was ok. The guy I spoke to kept referring to 'the arrangement' and the amount he stated was what we originally offered not what we actually have to pay. I don't think it was on their system that there is even a court order in place. Its sorted now but I wasn't a happy bunny when I read that letter.

It seems to me the right hand doesn't know what the left hand is doing in that company:mad2:.

Sorry, rant over now.

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citizenB

citizenB

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I hope you dont have to go through that every monty, shazza ?

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