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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.

Minicredit -advice please

Stupid1

By Stupid1
in Minicredit /Minicashloans

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renegadeimp

renegadeimp

Posted
Posted

Nope. Not yet. They've threatened to, but they have no legal grounds to. Even if they did, you can put a personal defense in and they would have to send someone to explain the excessive charges and interest. If nobody turns up, you'd win by default.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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renegadeimp

renegadeimp

Posted
Posted

They broke the regulations for a start in regards to charges/interest not being explained properly, then also adding on hiked interest.

 

I shouldnt have said legal grounds, more that they wouldn't take it to a court because of those excessive charges.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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  • 3 weeks later...
renegadeimp

renegadeimp

Posted
Posted

Dont speak to them on the phone. Ever.

 

They are trying to bully and harass you into paying back an extortionate amount that would never stand up if it ever went near a court. All you owe them is the original loan amount plus interest. They cannot deny a repayment plan as they would be breaking OFT regulations, and if it went to court, the entire case would more than likely be thrown out.

 

Is there any chance you can create a brand new thread for your case, as it will allow you to have all information in one place, instead of in multiple forums.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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renegadeimp

renegadeimp

Posted
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How much did you borrow, and how much interest was stated on the original application. How much have you repaid so far? Minicredit are known for breaking the law and regulation, and inventing fictitious charges. It's why they are one of the worst PDL's to deal with.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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renegadeimp

renegadeimp

Posted
Posted

Could you repost the full terms and conditions minus any personal info? I think the site admins would like to take a copy for reference.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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  • 6 months later...
renegadeimp

renegadeimp

Posted
Posted

Ok. first of all dont worry., Minicredit are well known for adding on unlawful fee's and charges purely to hike up the debt.

 

What you need to do is get a FULL breakdown of the debt. That way we can see exactly what charges/amounts you actually owe, and not what they are trying to force you to pay them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 4 months later...
renegadeimp

renegadeimp

Posted
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Hi sep. Have a read of the forum. All those charges are unenforceable and unlawful. Not surprising given who runs this company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 5 weeks later...
renegadeimp

renegadeimp

Posted
Posted

The last 3 are completely unenforceable and unlawful and they know it. Keep pushing and theyll start offering "discounts".

 

By the way, theyve dropped themselves in it with the debit attempt charges. By their own calculations, they have tried collecting at LEAST 229 times.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Keep all written evidence. You will be relying on this dependant on the outcome of their next reply. Theres a letter you can send them that calls them out. But you might not need it as their next trick will be to offer you a discount by removing the debit fee's. if they do this, then you know that they know the majority of the debt is bogus.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Opos is minicredit. Same company, same people, same office. Just one person made a paper aeroplane with the debt and threw it across the room to a colleague.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Pdl's pretty much NEVER send a doorstep collector. They know they could be shut down if they do, especially as none of them have a licence that lets them do this. The only ones that could come around are DCA's, but you can treat them just the same as a beggar knocking on your door for money.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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