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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.

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      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.

Help with N244 please - EVICTION SUSPENDED

Sla66

By Sla66
in Home Repossessions - successes

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  • 5 months later...
Sla66

Sla66

Posted
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Hi there, we have been issued another warrant and need help please? the background is:-

October 2008 - Suspended order

January 2009 - Warrant issued but paid monthly arrears before eviction date so eviction cancelled

April 2009 - Warrant - applied to court and warrant suspended

Sept 2010 - Warrant - applied to court and with your help, warrant suspended

 

Since then we have been making payments but normally every couple of months to bring the account up-to-date rather than monthly.

We now owe January and February payments and at the end of March, we will also owe March payments. We have paid £1000 (monthly payments are £1950 including the extra stated by the court) so owe 4842.65 in monthly payments.

 

Warrant for possession applied for on 24/03/11, no eviction date received yet.

 

We have told the mortgage company that we can bring the monthly payments up to date by the end of next week without fail (and have the means to do this). They have said that they want the WHOLE arrears not just to bring the monthly payments up to date.

 

They said the only way we can stop it is to pay the full amount (£17,295) or apply to the Court to suspend the eviction.

 

Although we can bring the monthly payments up to date I am worried that if we go to Court he/she may not stop this as its effectively the third warrant suspension in two years.

 

Please help.

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Ell-enn

Ell-enn

Posted
Posted

Hi, do you have a statement showing the charges? if so, how much are the total charges?

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Sla66

Sla66

Posted
  • Author
Posted

Hi there,

Just to let you know I rang the mortgage company and offered to get all monthly payments up to date including April (due at the end of April) but they have refused saying its either the total backlog OR apply to Court to suspend the eviction based on the above. I rang two separate Agents and also asked them to speak to their Manager.

 

Could you clarify why you need to know how much the charges are as I have now tracked down the statements.

 

Many many thanks

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Ell-enn

Ell-enn

Posted
Posted

We need to know how much the charges are for two reasons - one is that they may be added into the arrears figure you have been given and therefore you don't owe us much as they say and secondly so you can start to claim those charges back (please read the article at the top of the Repossessions forum).

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  • 3 weeks later...
Sla66

Sla66

Posted
  • Author
Posted

We have JUST been given an eviction date of May 4th which gives us only 4 working days to get a court hearing date.

I am going to pay all monthly payments to end of March and we are due a payment now so hopefully also end of Aprils payment and tell the court that we have secured contracts which pay monthly allowing us to make monthly payments to the mortgage company going forward.

What do you think are chances are as this is the fourth time our mortgage company has done this?

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citizenB

citizenB

Posted
Posted

Just giving this a little nudge for you.

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Sla66

Sla66

Posted
  • Author
Posted

Thank you very much.

Because of the timescale I have submitted the N244 today and got a hearing for next Tuesday morning. All monthly payments are up-to-date as of the end of March.

A look over the document we submitted would be really useful.

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Ell-enn

Ell-enn

Posted
Posted

Hi there, can you let me know what you put in Q.10 of the N244 please

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Ell-enn

Ell-enn

Posted
Posted

Hi there, I have only just seen your Q10 statement, sorry. I am a bit confused re the 1st sentence in bold under the heading Maintaining Ongoing Monthly Payments. Also you have not given a reason for missing the payments, the judge will want to know this.

 

You say all payments are up to date? does this mean there are no arrears?

 

Did you send in a budget sheet with the N244?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Sla66

Sla66

Posted
  • Author
Posted

Thanks for getting back to me. The bolded sentence relates to a budget sheet we submitted showing regular client payments coming into us. The one and a half missed payments were due to irregular client payments being received by us which we have been working on since the last warrant to ensure this doesn't happen again.

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Ell-enn

Ell-enn

Posted
Posted

Ah OK, I understand now (it should read Clients not Client's). It looks fine and I'm sure you will be OK :) The judge may ask why you missed the payments but you have an answer for that.

 

You say you have brought payments up to date - does that mean there are no arrears?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Sla66

Sla66

Posted
  • Author
Posted

We have brought our monthly payments up-to-date including the £300 per month extra but there are still arrears because of the previous arrears amount which does not seem to be reducing because of charges and interest I guess?

I am finding it very difficult to work out what charges and extra interest that have been applied due to the information or lack of information they are sending me.

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citizenB

citizenB

Posted
Posted

Have you sent a Subject Access Request, you can include that you want details of all payments, charges, interest, fees etc. That should help to reclaim those amounts that shouldnt have been applied..

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ell-enn

Ell-enn

Posted
Posted

Is there any news?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sla66

Sla66

Posted
  • Author
Posted

Hi there,

Yes the eviction was suspended but the Judge said even though the account was up-to-date that due to the sporadic payments it may not the the same outcome next time and almost said it wouldn't be.

A big wake up call even though I think it was quite harsh for the mortgage company to start proceedings when we were just a month and a half behind? And we said we would get all payments up-to-date and pay a month in advance within 5 working days.

Kind regards and thanks for your help.

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