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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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      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.

CAS/equidebt/Cabot etc - old RBS credit cars almost SB Scotland too

davehsug

By davehsug
in Royal Bank of Scotland

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Hi Brigadier. The debt is definitely SB. Equidebt confirmed they would be closing the account. I expected some low-life to come crawling again eventually, but I was just surprised that Cabot wouldn't know when taking over Equidebt's portfolio.

 

Would you like a letter, that can also be copied to OFT/FCA to blow Crapbot out of the water????

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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davehsug

davehsug

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I'd be grateful. I just want to find the letter from Equidebt, so that I can confirm exactly what was said at the time, I just can't put my hand on it at the mo, having had a bit of a "sort -out", to put everything in order, you know what happens:roll:.

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davehsug

davehsug

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Thanks Brigadier. I've just re-read the letter from Cabot & I never noticed, but it says "if you wish to make a payment etc etc". Doesn't sound like the normal stuff. Might this imply that they know it's SB & they're just trying it on, knowing they can't demand payment?

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davehsug

davehsug

Posted
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Posted

I have received a letter from Cabot, regarding an account which was formerly held by Equidebt.

 

 

I finished paying this at the end of last year and have a letter confirming it was ppaid.

 

 

This new letter says there is an overpayment on the account and they intend to apply it to another account.

 

 

I have no other account with Cabot but there was one with Equidebt, this was statute barred however and they did not contest it.

 

I am very concerned that if there is any overpayment they will make the statue barred account "live" again .

 

 

Can anyone offer any advice as to my best course of action?

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Bazooka Boo

Bazooka Boo

Posted
Posted

Ignore them, once a debt is SB nothing can unbar it, let them play their silly games, if it makes them feel better.

 

It will make absolutely no difference to you.

 

And if they pipe up in the future, or they sell this lemon debt to another DCA then you will have grounds for a serious complaint

against them and the new owner.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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davehsug

davehsug

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Thank you. I'm pretty sure now that the debt can not be made live again, even if they apply this alleged overpayment, am I correct in this?

I had considered emailing them, (I would never phone of course), asking for details but I guess I'd probably be better to ignore them completely.

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fkofilee

fkofilee

Posted
Posted

Ring them, ask what account they are referring to... But remember too..

 

Record The Call!!!

 

Tell them its Statute Barred and that you want the overpayment back! I would and if they refuse. Complain.

 

How much is it?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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fkofilee

fkofilee

Posted
Posted
I would write giving them 14 days to repay you, I would mark the letter 'Letter before Action'

 

If no money is returned, I would issue court papers on the 15th day.

 

Or do this... LBA sounds like the way, still get info on the account though...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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davehsug

davehsug

Posted
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Posted

Thanks for your replies.

It doesn't mention an amount. I would write, but I am just concerned about re-activating the account. Even if it is not the one I am assuming, any other & there is only 1 other potential account beside that, would be statute barred anyway.

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havinastella

havinastella

Posted
Posted
Thanks for your replies.

It doesn't mention an amount. I would write, but I am just concerned about re-activating the account. Even if it is not the one I am assuming, any other & there is only 1 other potential account beside that, would be statute barred anyway.

 

It matters nothing. You will be sueing for the return of monies paid, not any silly account they want to mention.

 

Get the letter sent.

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