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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.

      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.

Consumer Credit Act 1974 -HELP PLEASE

gherks

By gherks
in Historic Bank Claims

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gherks

gherks

Posted
Posted

Hello!

 

I sent the following letter to a DCA :-

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

We look forward to hearing from you.

I've had a standard 'debt on hold for 30 days whilst we investigate' response from them.

Am I right in believing that if they have not supplied me this information within 12 days, its not legally enforceable?

Can someone please kindly reply and advise?

Thanks!

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steven4064

steven4064

Posted
Posted

If they have not replied within 12 days the debt is in dispute and they cannot add interest or charges, nor can they assign it to someone esle, out default notices on you, etc. They have 30 days in which to supply a copy of the properly executed (ie signed) agreement and if they don't they commit a criminal offence and the debt is unenforceable.

 

Steven

 

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  • 1 year later...
mandym501

mandym501

Posted
Posted

Hi.

 

i'm new to the site and not sure if this is the right place to post.

 

In decemebr last year I sent off for a copy of my credit agreement - I waited the 12 working days plus 30 days time limit. I wrote to the debt company 1st credit and told them they had committed an offence by not sending me the credit agreememt in within the time scale. I also sent a letter to TSB, who the original debt was with teling them the same. I also sent a letter to the OFT telling them I had had no response.

 

I heard nothing else - This week I got a etter from a solicitor with a copy of the credit agreement. Is this now enforcable now it has appeared - even though it was late and I made a complaint?

 

Any advice would be greatly appreciated.

 

mandy :-)

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steven4064

steven4064

Posted
Posted

It's enforceable if it's enforceable, if you see what I mean :rolleyes:

 

It must have your signature and all the terms prescribed in the regulatins - oterwise it is not enforceable. Perhaps you could post it here (personal details removed) so we can have a look.

 

 

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steven4064

steven4064

Posted
Posted

Mandy

That agreement is enforceable only if pages 1 & 2 are the same document - part of te same page or back and front of the same page. Also they don't have "Your right to cancel" so they should have sent you this within 7 days - did they?

 

 

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mandym501

mandym501

Posted
Posted
Mandy

That agreement is enforceable only if pages 1 & 2 are the same document - part of te same page or back and front of the same page. Also they don't have "Your right to cancel" so they should have sent you this within 7 days - did they?

Hi,

 

I'm not sure that they did. The loan was taken out in 2006 -- I was ill at the tme and honestly don't remember signing for it . I had an over draft with tsb. They sent me out this loan application to clear the overdraft.

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steven4064

steven4064

Posted
Posted

Have you sent a SAR? If not you could explicitly ask for a copy of all correspondence relating to the loan (don't mention cancellation rights) and see if tey send it to you.

 

 

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  • 7 months later...
fredlenard

fredlenard

Posted
Posted (edited)

does anyone have details regarding the tv documentary (not sure which channel) of about two months ago concerning a couple from the midlands (I think) who used the CCA to wipe out their debts, only to come a cropper because they then went to court over some issue?

Edited by fredlenard
forgot to say thanks and happy new year
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steven4064

steven4064

Posted
Posted

Hi fredlenard

 

Welcome to CAG

 

If you are referring to the Rankines (which I guess you probably are) they tried to use the CCA to avoid legitimate debts (in fact debts, it seems, specifically entered into with the intent of avoiding them on that basis). They didn't lose because they went to court about something else. IMHO, tHey were jolly lucky not to be done for fraud.

 

CAG is very happy to help people deal with debts and with creditors but we cannot condone avoidance of legitimate debts.

 

 

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  • 9 months later...
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