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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.

co-op/equidebt/cabot..who to pay?

friend-in-need

By friend-in-need
in Cooperative Bank

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friend-in-need

friend-in-need

Posted
Posted

hello,

 

Looking for some advice please...

 

We had a co-op bank account..2001/2.. which was passed to Equidebt for collection about 2005.

.arranged payments to Equidebt paid monthly without fail.

 

In April this year we received a letter from Cabot,

with a letter from the co-op

informing us that the account had been bought by Cabot but to maintain payments as per usual to Equidebt which we have done until today

when payment was rejected by the bank..

 

Checked Equidebt's website and found out about Equidebt being in administration.

 

However we have not received any notifications about this, so who are we supposed to pay?

 

The letter we had from Cabot in April confirmed we had to pay Equidebt. but we can't now and have not been told otherwise.

Please help don't know what to do now.

Thank you.

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Hobbie

Hobbie

Posted
Posted

Continue to pay who you were instructed until told otherwise by the OL. It is up them to inform you otherwise (Or the administrators).

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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renegadeimp

renegadeimp

Posted
Posted

Keep the money to one side until someone comes calling. OR you can contact cabot, in writing only, and ask for advice.

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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Hobbie

Hobbie

Posted
Posted

If you are certain the OL or Cabot has not been in touch with any other instructions to pay then keep the records from the bank showing your attempted payment. They'll soon be in touch no doubt, but if they try to charge you fees or anything you have proof you tried to pay. Sit tight you never know things might get lost.

 

If in doubt though, contact your local CAB who can offer solid advice.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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renegadeimp

renegadeimp

Posted
Posted

They cant charge fee's, even though they may try. Also, you need to make sure that the amounts you have been paying come off the actual debt. Also, did you check if this debt was actually legit and enforceable?

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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dx100uk

dx100uk

Posted
Posted

urm.. a debt for a bank account [overdraft I assume?]

 

from 2002 being paid to Equidebt, one of the biggest fleecers there ver was.

 

how did you get involved with them?

 

you fell for the threat-o-grams?

 

have you all the statements?

 

have you been getting REGULAR statements from EQ about the debt on a better than yearly basis since 2002?

 

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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