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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.

HFC Default - not sure if it is correct

Guest Alison82

By Guest Alison82
in HFC (Household)

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  • 2 years later...
Guest Alison82

Guest Alison82

Posted
Posted

Hi I have a query regarding defaults.

 

How exactly does it work.

 

Is it a default if there are 8 consecutive non payments or 8 consecutive late payments?

 

I ask because I checked my file (after not checking it for ages) and I have found that HFC have registered me with a default in 2006. I know I was late some months but I always brought my account up-to-date, my account is now paid off and stands at £0 but the default is still there. I do remember receiving notices in the past but I paid them before the deadlines or came to an arrangement with them to get the account up to date.

 

I am really confused as I am sure this isn't correct but the operator was not very helpful (or the manager) and the CRA representative just told me what I knew and said speak to HFC.

 

Can anyone advise me, thanks

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maroondevo52

maroondevo52

Posted
Posted

Hi, Alison.

 

Don't think the 8 is the number of missed payments, It's just a number the CRA's use for a default.

 

I think they can default you for a lot less than that, though I'd have to have a look about to confirm.

 

The default will stay on your file for 6 years, if it's settled or not.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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Guest Alison82

Guest Alison82

Posted
Posted

Ok but is it for a certain amount of consecutive non payments or late payments

 

Thanks

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maroondevo52

maroondevo52

Posted
Posted

Hi, Alison.

 

This is what they say about an 8.

 

The account is defaulted. You have failed to keep to your credit agreement and have not responded satisfactory to requests to put your account in order.

 

As a result the Credit Agreement has ended.

 

A 6 is when your up to six payments late.

 

So the 8 must be any amount above 6.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...
Guest Alison82

Guest Alison82

Posted
Posted

I wrote to them requesting my CCA which seems to be fine, along with a true signed copy of my default notice, they sent me just a bog standard template letter, I want to catch them out so I want the actual one but what is to stiop them faking it and just typing one up signing it and sending that out to me?

 

My balance is £0 however I notice that there are some charges not a lot £100 max.

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Guest Alison82

Guest Alison82

Posted
Posted

Can someone have a look and let me know what they think, this is just a standard default notice but I'm not sure where or if the CCA 1974 even says they have to supply me with an exact copy.

 

Thanks

 

Default Notice

http://i297.photobucket.com/albums/mm222/ali-cat82/defaultnoticeletter.jpg

 

Letter

http://i297.photobucket.com/albums/mm222/ali-cat82/letter1.jpg

 

CCA

http://i297.photobucket.com/albums/mm222/ali-cat82/HFCCCA.jpg

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bobbyh99

bobbyh99

Posted
Posted

Alison

 

I'm no expert but this is not a default notice, it is an intention to serve a default. Incidentally the Intention to serve a default was dated 2007 yet the actual default was in 2006!!!

 

It also mentions a zero amount. If its zero, why do they intend to serve a default notice!!

 

All looks a little fishy to me!!

 

I'm sure someone with some expert guidance will be along soon.

 

BobbyH

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steven4064

steven4064

Posted
Posted

As BobbyH says, it isn't a default notice, it's only a letter saying they intend to issue a default notice. However, it is a template letter and they haven't filled in any of the details - look at the address and dear..... Did they get the account number right? It's a load of tosh.

 

The letter OTOH is OK and, AFAICS meets the requirements of s77 of the CCA 1974. The agreement also seems to be properly executed and enforceable. My only question is that it doesn't have a "your right to cancel" box. This may be because it is not a cancellable agreement. OTOH it may be that they sent a letter explaining your rights within 7 days of the agreement.

 

 

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Guest Alison82

Guest Alison82

Posted
Posted

Hi thanks for the replies, the agreement isn't cancellable as it was a hire purchase for a PC brought in store. Is there any way I can challenge this as no default notice was sent?

 

I can claim back my charges but it is not much I would rather them remove the default and they can keep the money

 

Thanks

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steven4064

steven4064

Posted
Posted (edited)

Claiming back charges is usually the way to do it, not because they don't want to part with the money, but because they don't want to provide information about their costs to a court

Edited by steven4064

 

 

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  • 3 months later...
Guest Alison82

Guest Alison82

Posted
Posted

I am currently disputing a default with HFC and £535.22 in charges and interest.

 

I had a very good re payment history with them apart from one month when I fell behind, they charged me and added this to my minimum payment. they said that I needed to pay 50% of the minimum payment by the due date, at the time I could not afford that and I set up an arrangement with them which they accepted, they then ignored this arrangement and defaulted me as I did not pay at least £35 I think (50% plus the charge). I was not warned about this, no default notice was sent so I was quite shocked to discover this 3 years later.

 

The have been offered £335.81 as a full and final settlement but no default removal. I was wondering can I accept this but still pursue the rest in court or is by me agreeing to this me saying I'll end it? I would like the money now but I want the default removed long term, can anyone offer some advice?

 

Thanks

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Gez

Gez

Posted
Posted

The claim is not settled unless they comply with both the repayment and the default removal if that is what you have stipulated in your POC. There's no poing accepting the payment then going through the whole thing again to get the default removed.

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Guest Alison82

Guest Alison82

Posted
Posted

Hi Gez

 

I haven't started my claim yet, this is just the preliminary letters, I will start if they don't remove the default

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