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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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      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.

Bill of Sale help please

logbookloon
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logbookloon

logbookloon

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So we were desperate to pay our rent one day and ended up rather stupidly, contacting a logbook loans company; signing away our lives.

We have defaulted now and again but have always made payments and kept in contact with the company in question.

 

The credit agreement was taken out over 3 years ago now though it should have been over after 12 months. This is because we defaulted and they set up another agreement with reduced payments (which they posted out for us to sign and return)

There have been a few more defaults due to health issues and the company sent us a letter stating that they'd referred back to the original agreement.

The legalities of this strike me as rather odd.

 

This is all of course, secured with a good old Bill of Sale.

 

After another default was received recently, I've decided that we're sick to death of paying out to this company so requested a copy of the stamped BOS from the High Court to see whether or not they had a hold over us.

They have emailed it to me and it has a reference number on the front, alas no court stamp. They have assured me that they have one but it is illegible, though dated within 7 days of the BOS.

 

Also, the BOS is dated 2 years after the original one was signed because they've made a new one. Surely the original BOS wouldn't need replacing until 5 years has passed?

The original BOS (which I have a copy of) was witnessed and signed by the lady that works for the company when she brought the cheque.

The second (Which we don't remember seeing) has our legitimate signatures on it and we can't find a copy of it anywhere (we tend to save all our paperwork)

 

I have asked them to send me the original BOS that we first signed but they've not got back to me yet.

 

Has anybody any experience with this because it all seems rather dodgy to me.

I hope this makes sense to people as it's been written in anger. :-x

 

Thanking you in advance.

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renegadeimp

renegadeimp

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Does it have a court reference number ( it should if its genuine). If it does, give the court a call and check if its legit.

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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Pnoodles

Pnoodles

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Does it have a court reference number ( it should if its genuine). If it does, give the court a call and check if its legit.

 

No it doesn't but The guy at Varooma said that he's emailed me a scan of the original & hidden the court reference number and is refusing point blank to give it to me!?!

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renegadeimp

renegadeimp

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That sounds VERY suspicious

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
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Wait around for a day or two and hopefully someone will be able to give you specific advice on what to do next. Weekends are usually slow, but im sure someone will pop by.

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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