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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.

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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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How can I get ERC info?


brownie24

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Hi all

 

After reading a few sucess threads for reclaiming ERCs I am now beginning to get quite excited as over the past 6 years I have paid ERCs on 8 remortgages and secured loans.

 

However I do not have details of the actual amounts paid so how would I go about getting this information? Would I just have to send a similar letter to the SAR template for reclaiming bank charges? Or could anyone supply me with an initial letter they have sent in reclaiming ERCs?

 

 

Any help and advise would be much appreciated :)

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Hi Brownie and welcome you are among freinds here ! send the SAR in the template and just amend it to reflect your requesting the info on your mortgage account if i or any other forum member can be of any further help just ask ! good luck

paddy

if my advice has been of any help to you then please click the scales ! Thank you :D

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Hi

 

I have just spoken to one of my old mortgage companies to try and get the account numbers, which they gave me. They also gave me the actual ERC amounts - should I now just move on and send the prelimenary approach letter or would it look more professional if i sent a SAR in writing?

 

Brownie24:)

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You will need to provide written evidence of the charge if the case proceeds to court. Send off your SAR now. If you know the amount you can send off your preliminary letter also as they will have to comply with your SAR before you need to prove it. Although, it could be tricky as if the info they gave over the phone turns out to be incorrect then you would need to amend your claim. Also a SAR might reveal other charges that you could claim for such as the redemption admin fee, deeds dispatch fee or any late payment charges. You could always start the prelim now so that when they comply with the SAR you can make an immediate claim (provided the 28 days are up).

 

Best of luck

 

Zoot

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