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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.

Help!debts over 6yrs

bp

By bp
in Other Institutions

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zootscoot

zootscoot

Posted
Posted

I would contact them and tell them that the debt is in dispute and you will not enter into negotiations for payment until you have all the relevant information. Remind them that the could speed up the process by responding to your requests.

 

All the best

 

Zoot

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  • 4 weeks later...
bp

bp

Posted
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Posted

I received the a letter from Lowell today. i just can't stop laughing. They must be taking the mick!

 

WINTER SPECIAL

 

I would like to give you the opportunity of taking the WINTER SPECIAL DISCOUNT OFFER that is currently available to certain account holders.

You have pre qualified for a huge discount on your account which is clearly detailed below

 

current Balance: £714.84

Less Discount Amount:£357.42

Settlement Balance £357.42

Please note this discount is only available until 31st Oct

I am sure you will agree this is an offer too good to turn down, an opportunity not to miss!

call us on the number below where an advisor will be ready to take your call.

At least someone in that office has a sense of humour!

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  • 2 weeks later...
bp

bp

Posted
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Nothing! i've had enough so I'm going to ask them not to send me any correspondences. I've also had a S.A.R reply from HSBC who Stated that my debt is over 6 yrs and the cannot supply me with my data. I guess that means the debt is statue barred.

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maybelline

maybelline

Posted
Posted

Hi, how did you get on with the court thing, did you have to tell the court that the debt was in dispute, is that the end of the matter?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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bp

bp

Posted
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not sure what you mean by court thing. Have not attended court. to be honest, i've just got too much on to really chase this one up at mo. Where the debt is concerned, they can't do much as they haven't supplied me with the info. I'm just trying to formulate an answer to HSBC's reply that my account was closed over six years ago so they do not hold transactions over six years.

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maybelline

maybelline

Posted
Posted
No nothing from HSBC yet. It was received on 4th of this month.

 

As to Lowell, do i just let them get on with it and prepare for court? just how many times do have to ask for info? Are they just sending these letters in the hope they will scare me into paying?

 

it was related to this possible court appearance, anyway, as you say, if you have too much on please do not worry about this query, I was just curious as your thread runs along lines I am also interested in sorting out.

 

best wishes

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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bp

bp

Posted
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Sorry if i seemed a bit abrupt. As it urned out, they didn't send me confirmation of court action. i think they were just trying it on in the hope I'd pay them something. Whatever you do, keep all correspondences in writing that way, you have it on record if you have to come to some agreement and, if you send them any letters, send via recorded delivery.

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  • 4 weeks later...
Outacash

Outacash

Posted
Posted

Very interesting thread guys! ... I'm just pursuing NatWest about account information - which they are not playing ball with. Thay have passed on the debt to a collection agency to try to enforce payment from me. You can read an outline at the thread below and post me your comments/progress/advice there if you like ... I could do with it!

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/24577-much-longer-than-6yrs.html

 

Many thanks and good luck ... I'll post again here if I get any information that may help.

 

Cheers ... Outacash

 

;)

Outacash ...

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bp

bp

Posted
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Finally got the response i was waiting for.

 

Dear Miss....

 

 

We are writing following your recent request to be provided with a true copy of the original credit agreement in respect of the Consumer credit Act.

 

After liaising with our client in an effort to obtain this document we have been advised that it is no longer available. under the circumstances, we have closed our files in relation to this account which has now been returned to our client. We can confirm that no further contact will be made by us regarding this account.

 

we trust that the above clarifies matters for you.

 

 

 

 

 

YES, YES, YES!!!!!!!!!!

 

Job done, next one is a fight to obtain my statements from HSBC

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  • 3 weeks later...
skintandbroke

skintandbroke

Posted
Posted

Hi Bp

Thanks for sending me your link, its quite similar to mine, but i was just wondering if you sent any other letters to them inbetween them sending yout the one about taking you to court and the one which they said is closed?

I have till the 3rd january before i can do anything else, so just wondering what my next step should be.

Cheers

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