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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.

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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.

C.A.R.S (Creditlink Account Recovery Solutions) chasing old Monument debt

simmsy77

By simmsy77
in Monument cards

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simmsy77

simmsy77

Posted
Posted

Hi

 

Today i received a letter from a DCA called C.A.R.S (Creditlink Account Recovery Solutions),

 

they state that they will be attempting to visit me at home within the next week to

'Establish Reasons For Non-Payment' to an old Monument Credit Card (balance of £620.21) which must date back to at least 4 years ago.

 

I have responded by sending them a letter back requesting all communication to be made via letter and no doorstep callers and will immediately follow up with a CCA request.

 

However i've just looked at my Credit Report which lists everything but for some reason this debt is nowhere to be seen on it, what does this mean and is it to my advantage ?

 

many thanks

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dx100uk

dx100uk

Posted
Posted

yes very much to your advantage.

 

cars are a very low life lot

 

usual only chase lemon debts that are SB'b years ago.

 

tobe sure i'd get several cra reports

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Bazooka Boo

Bazooka Boo

Posted
Posted

It's a shame you've replied to them, they will be all excited now running round like little children thinking they're going to get some money.!

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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simmsy77

simmsy77

Posted
  • Author
Posted

Hi Guys

 

Am looking for abit of advice.

 

Last month i recieved a letter from a DCA called C.A.R.S threatening Doorstep visits regarding an old Monument credit card debt.

 

I responded by writing to them requesting all contact to be made in writing and also requested a CCA (i used the template letter from the CAG library)

 

Today i recieved a letter from Monument (who i didn't think existed anymore) with a copy of what looks like my original credit agreement dated 20th September 2003 and a copy of the original T&C's.

 

Where do i stand with:

1- the age of the debt

2- do Monument even exist anymore

 

The letter also says that C.A.R.S will be servicing this account and they will provide me with a 'Statement Of Account' and that they consider the Credit Card Agreement to be fully enforcable and that there is no dispute, is this actually the case ???

 

Any help or advice on my next move would be very much appreciated

 

thanks

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citizenB

citizenB

Posted
Posted

to fully comply with an s78 request they need to provide you with..

 

A copy of the CCA or reconstruction

Terms and conditions from inception

Terms and conditions - current or at default

Statement of account.

 

Are CARS acting as agents for the original creditor or has the debt been assigned / sold to them ?

 

If someone does turn up on the doorstep.. then just tell them to go away.

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simmsy77

simmsy77

Posted
  • Author
Posted
to fully comply with an s78 request they need to provide you with..

 

A copy of the CCA or reconstruction

Terms and conditions from inception

Terms and conditions - current or at default

Statement of account.

 

Are CARS acting as agents for the original creditor or has the debt been assigned / sold to them ?

 

If someone does turn up on the doorstep.. then just tell them to go away.

 

Hi CitizenB

 

Thanks, Monument have sent me all of the above apart from the Statement of Account which they say C.A.R.S will forward to me.

i have checked my credit report to see who the owner of the debt but it dosn't come up on there. Monument have just said that C.A.R.S are dealing with the account so i don't know if they've brought the debt or are just acting on behalf of Monument.

They claim that i owe approx £600, would they take me to court for this amount ?

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simmsy77

simmsy77

Posted
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Posted
OK so they have nearly complied with the CCA request apart from the statement.

 

When was the last payment you made on this account to anyone?

 

Why do you feel it may not be enforceable?

 

Hi ims21

 

The last payment made was approx 4 years ago, do you know why would Monument not send out the Statement of Account with the credit agreement etc and leave the DCA to do this ?

many thanks

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dx100uk

dx100uk

Posted
Posted

i would guess that you were defaulted more than 6yrs ago and its fallen off your cra file

 

having an enforceable cca

does not mean you owe the money they claim as such

 

i'd suspect youll have monuments

payment break plan [ppi]

 

and prob loads of £12 or more PENALTY charges

 

both of which can be reclaimed

 

i'd SAR monument.

 

kight be a waste of £10

 

but monument are known to keep records for longer than 6yrs.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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