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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.

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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.

Need to defend a CCJ application citroen finance

dolly

By dolly
in Other Institutions

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dolly

dolly

Posted
Posted

Sooooo angry!

 

Need to defend a CCJ notice we have had this morning from Citroen Finance. Basically we got behind a few years ago, and they added a LOT of interest charges on.

 

We are a month behind in payment at the moment but it seems a co-incidence that last week I asked for a statement of all charges on the account and then this morning this drops onto the mat.

 

Can anyone advise how to defend it? I am so annoyed - we have paid every month since the default notice 18mths ago and are just a month behind now, and they decide to do this. At a rough guess there must be £700+ in charges on the account.

 

Thanks all.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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lee6370

lee6370

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Posted

I would use the defence you've just pointed out, the fact that they have added £700+ of unlawful charges should these be removed you would not be behind.

 

Basically you just need to ask them if you're correct in your assumption that they are taking you to court in order to recover money that they claim you owe them, money that they have in fact added to your account illegally.

 

At the end of the day they want to bully you, stand up to these people and let them know you won't take it and you may find they change their attitude.

 

and if you do have to go to court, you'll find that as long as you present your side, the courts will treat you fairly.

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Seminole

Seminole

Posted
Posted

As someone pointed out me the other day, we should use the word unlawful rather than illegal. This is a difference.

 

Please could you define what charges have been applied. If it is interest, then it may not fall foul of the rules. You may, however, be able to recover charges for bounced payments or late payments.

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BankFodder

BankFodder

Posted
Posted

Do I understand that you have received a notice that a country court judgment has been issued against you on the application of Citroen Finance?

 

What was the date of the hearing?

What was the value of the clim?

Did you defend?

How much of the claim do you say is made up of their penalty charges?

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dolly

dolly

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To answer very quickly (as I have to go and do the school run),

 

I haven't had the statements through from them yet with the charges on over the years but remember at the time we missed payments (which is going back about 2 years) that we got charged about £50 each time + £15 a letter + interest. Like I said, it is a rough guess.

 

We have got the CCJ Claim form through the post this morning, dated 9th March and giving us 14 days to respond / defend or to make full payment.

 

They are claiming the amount of £2815.07 Now I know that we have 13 payments to make (including the late one) at £164.22 a month which is a lot different to what they say. We have made 35 payments out of a 48 contract.

 

Thanks so much so far, will be back later

 

x

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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BankFodder

BankFodder

Posted
Posted

It doesn't make very much sense.

 

How much is penalty charges?

At one point you say that you have made 13 payments. Then you say that you have made 35 payments - and anyway you say that this is different to what they say.

 

Can you try and work out where you are on all this and post the story.

 

Anyway, if you have only received the N1 today, then you have some time.

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Seminole

Seminole

Posted
Posted

As I understand it you have made 35 out of 48 payments with 13 to go. Is this correct?

 

What happened after the default notice was issued? If this was for a car did you hand the car back and, if so, when? How much is the account in arrears at the moment?

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dolly

dolly

Posted
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As I understand it you have made 35 out of 48 payments with 13 to go. Is this correct?

 

What happened after the default notice was issued? If this was for a car did you hand the car back and, if so, when? How much is the account in arrears at the moment?

 

Yep, made 35 out of the 48 payments. We pay monthly by DD so have details of exactly when they came out .

 

Default notice on 23/04/04. We were 4mths behind. We rang them and made a lump sum payment of 2mths arrears and kept the car. We paid another extra month off a few months later. We were, and still are, 1mth behind, so £164.22 in arrears.

 

It will help obviously when I get the statements from Citroen Finance showing payments and charges so I know exactly how much and for what I have been charged, but it is how I should use the N1 form now that I am concerned about. If they use up their full 40 days to send me the info then obviously the date for the N1 has passed.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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dolly

dolly

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Will post all details prob after 6.30 - got 2 stroppy children here!!

 

Thanks

x

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 12 years later...
dolly

dolly

Posted
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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thanks

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