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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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      Hello,

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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.

Yes Car Credit PPI REclaim *** Resolved***

ukdarrenfan
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dx100uk

dx100uk

Posted
Posted

Paid loan off in November 2000.

 

But see this

Vincent Cunningham v Friends Provident | This is Money

 

I don't know if you have seen it already but it seem to me to say that the six year period

only begins when the claimant becomes aware of the wrong!

meagain argues the same in one of his posts.

 

I am going to go after them for negligent mis-representation under Section 2 (1) of the Misrepresentation Act of 1967

which allows for damages and it reverse the burden of proof,

obliging the defendant to show he had reasonable grounds to believe what he said was true.

 

In other words I assume they will have to show that Bank Policy at the time w

as not to grant loans unless customers took out a PPIlink3.gif.

 

There was no reason for me to take it out and I have never had it before or since.

 

There actions were opportunistic!

 

They knew that I did not need the insurance they sold me but they knew I needed a loan!

 

This starts to get interesting.

 

Will draft my prelim letter over the next few days.

Are there any strict tests of miss-selling which would have applied in 1999

and does anyone know what Lloydslink3.gif APR was for loans in 1999 my statements don't tell me?

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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dx100uk

dx100uk

Posted
Posted

nicked from another thread

 

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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dx100uk

dx100uk

Posted
Posted

really!!

now thats strange because martin is one of the major campaigners from day one

he himself knows it cant be sb'ed!!

 

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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dx100uk

dx100uk

Posted
Posted

god thats amazing pinky123 is so blinded

 

you are not quoting FOS anyhow

but statute of limitations act sec 32 c 'when you became aware'!!

 

how inept of martins site.

 

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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dx100uk

dx100uk

Posted
Posted

its actually on THEIR SITE TOO!

 

If your policy ended over six years ago: The ‘statue of limitations’ means banks don’t need to keep records that are over six years old. However, there is no official cut-off time so if you’ve still got the paperwork, while your chances of success are a little lower with older loans, many still do successfully reclaim.

 

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

 

scroll down to the questions section

 

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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postggj

postggj

Posted
Posted

i gave up on MSE a long ago. It is full of self centered bigots who think they can practice barrack room law and belittle people. The consumer action group forum has a vast knowledge base and its sub forums that specalise in the relevant subjects is the difference that MSE cannot duplicate.

 

MSE go by opinion and what they think the law is and by reading Wikipedia, which is very dangerous. CAG quotes, well i do anyway, the statutory legislation to quote in any dealings with organisations, Something sadly lacking in MSE

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ukdarrenfan

ukdarrenfan

Posted
  • Author
Posted

I like it here...I'm not going to venture anywhere else now. Try to help someone in the same situation over there and that's what you get. At least you don't get talked down to here. I might not have any financial know-how, or much understanding of court, etc, but all I get on this forum is encouragement.

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  • 4 weeks later...
  • 4 weeks later...
ukdarrenfan

ukdarrenfan

Posted
  • Author
Posted

Well the 8 weeks was up on Tuesday and still heard nothing. The info was sent recorded delivery, but wasn't signed for as the address is a PO box. What happens now? I don't want to try another address and have to wait the whole 8 weeks again. I used the same address as when I sent the SAR request and that wasn't signed for either.

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postggj

postggj

Posted
Posted

I cannot understand why your post 37 has not been answered. You have it in black and white secret commission payments were made without informing you

 

you now have full redress under Wilson v hurstanger

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ukdarrenfan

ukdarrenfan

Posted
  • Author
Posted

So are these definitely classed as 'secret commissions' then? I'm looking for a good legal argument to take them to court. What should I do as they've not replied? As nothing's been signed for they could say they've not received it. Will I have to allow another 8 weeks now?

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dx100uk

dx100uk

Posted
Posted
i will get back later if you have no replies

 

certain posters do not like me posting advice as they only use it for juvenile comments

 

your legal argument is case law Wilson v hurstanger

 

no on this thread

 

get on with it...:madgrin:

 

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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dx100uk

dx100uk

Posted
Posted

I concerntrate on helping people

rather than looking for issues I don't like.

 

don't bite..don't waste you valuable time here

 

people need your help

 

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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postggj

postggj

Posted
Posted

Not going off topic and i will say this only once, i will now give my full attention, that includes any requests for help. All i ask in return is that if any issues arise, i expect a guarantee those perceived issues will be dealt with with due diligence. I do not abuse or insult people, and that i expect the same in return

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dx100uk

dx100uk

Posted
Posted

where you are helping on threads I am involved in

off topic banter will not be tolerated.

 

what goes on elsewhere is your choice to enter into or not.

 

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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Share on other sites
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3740 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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