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Found 40 results

  1. About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt. The original credit agreement was with Virgin Money and dates from 2005 The original default letter dates from 2009. The debt has increased due to 'various court charges etc charges' that aren't itemised They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has been set for March 2019. I have objected to this for many reasons (it seems very poor professional practice to delay a case for no reason for almost 10 years. I currently have a completely clear credit record with no loans/credit cards/defaults of any kind on it. The court date of 1st March seems very soon for me to prepare my defence. Can I ask for it to be delayed. Any advice much appreciated. Thank you
  2. Hello, I have a disputed Cabot debt of between 5-10k which was sold on to them by my former bank a few years ago. I had previously written to my original creditor with a CCA request, allowing them 12 (+2) days to provide the requested documents, then received a letter from them saying they were going to comply with my request and get back to me. I didn't hear anything from them again. The bank then sold the disputed debt to Cabot. I wrote to Cabot earlier this year with the following: I refer to previous correspondence in relation to the alleged agreement, copies of which are attached. The letters refer to a formal request under the Consumer Credit Act 1974 sec. 77-79 for a true signed copy of the alleged agreement referred to in the above account number. I would like to point out that this alleged account is formerly in dispute. The original creditor failed to comply with my statutory request within the allowed time limit of 12 (+2) days and have defaulted in respect of this alleged agreement. Additionally, this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. Under FCA rules it is a further offence to attempt to enforce this alleged agreement until such time as the default is removed. Please be aware that I will not hesitate to report the unlawful sale and collection activity of this alleged debt to the appropriate regulatory authorities including, but not limited to, Trading Standards, Information Commissioner’s Office, Financial Ombudsman Service, if further demands for payment do not cease immediately. However, after blocking their number I am still getting text messages from them asking for me to call them quoting their reference number. After the last text, I phoned them to ask what they wanted to speak to me about, and they reminded me that I still owe the debt. I said that I do not acknowledge the debt and that it was unenforceable. They then gave me some rubbish saying by confirming my name and date of birth I am acknowledging the debt is mine. They have my old address and have probably been sending demand letters there. Would it be wise to write to them, asking them to stop harassing me, and give them my new address just in case they decide to issue a court summons as I don't want to risk getting judgement by default. I should point out that the debt is now 6 years old so doesn't appear on my credit file. Thank you for your help.
  3. Hi all, Have I made a mistake? I had an unenforceable credit card debt from 2010 has been passed through the following companies: Alliance & Leicester/ MBNA/AIC/Aegis/Wescot - Bank of America /Arrow Global/ Wescot/ Scotcall/ Vanquis Bank. In 2011 Letter from Arrow Global said Scotcall is no longer managing your account. It will now be managed by Vanquis Bank on behalf of Arrow, who will be in touch to let you know contact details and offer you the "Avant Programme". Never heard any more and 6 years later was offered a small credit card which I thought would help me rebuild some credit. The account is in order and I have managed pay it off each month. But... The card is from Vanquis Bank! and I have started getting letters and calls about the other account from AIC again. It feels a bit uncomfortable. Should I worry? Cheers,
  4. Howdy, I have a situation that I would really appreciate some input on. Recently Lowell contacted me for a debt I thought i had paid off in 2008. It was as credit card that I took out as a student. I had no previous contact from lowell until earlier this year. I received three letters demanding a sum of money and ignored them. I then received a pre court letter. When i contacted them they said the only way to prevent a cci was to set up a token payment plan in the meantime and they would provide me with proof of the debt. They told me to disregard the court letter. I agreed and set up the plan. The evidence i asked for didn't appear and i cancelled my direct debit before any payments were taken and then called them to ask whats going on and they said they were still waiting to hear back from the original debtor. A couple of weeks went by and then i received a letter from the court saying that a CCJ has been made. I have now received a letter from Lowell saying that they do not have any copies of original agreement etc and the debtor doesn't have them either. What can I do in this situation? I understand that once a ccj has been made there is not much one can do as even though its an unenforceable debt it has already been enforced but can they really demand the money without any evidence I still owe it? Any advice would be greatly appreciated.
  5. Hello anyone out there who knows what's what re CCAs and DCAs etc - will cut short a long story, an original creditor defaulted me 2/3 years ago on a credit card debt, on assigning the account to a DCA, registered amount owing at £0. DCA wrote demanding payment of original debt and I replied giving reason I believed debt to be unenforceable - DCA replied saying would look into this and usually required 4 months to do so. At end of 4 months, I noticed DCA had 'updated' the default, with original amount said to be due, without notifying me, this being some 5/6 weeks ago - still have had no reply from DCA - is this in accordance with any of the various terms of credit card acts etc? - or should I have been written to prior to default being updated - I did read somewhere you could only be defaulted once per debt- More than grateful for any comments on this - thanks in advance.
  6. Our house was repossessed in 2009 and sold at auction to recover the outstanding mortgage balance. The sale left a shortfall of £25K+ which the lender came after me for, and being in our late-60s with no savings, assets or investments following a business collapse this is being repaid at £5 per month from Pension Credit sole-income. At this rate it would take over 400 years to settle. I have twice formally requested that this be written off, as it is clear that there is now no expectation in retirement of there being a substantial income or a radical change of circumstance that would make settlement a possibility. My first approach 4 years ago was made direct to the lender, and shortly afterward a response came from the DCA advising that their client was not willing to do so. A follow-up request restating the realities and requesting reconsideration was never replied to. My second approach 2 years ago, and two subsequent chases, have never been replied to. I believe that the mortgage lender’s code of conduct has something to say in such a regard, particularly that a lender should not, or may not, pursue recovery of a mortgage shortfall debt where it is clear that recovery is impractical or unachievable. Is there a mortgage-debt expert on CAG who can confirm or deny this? I intend to request a write-off again, and want to leave zero wiggle-room because clearly 400 years is idiotically silly to enforce at age 68 or indeed any age! Any clarification will be greatly appreciated, thanks!
  7. I'm writing on behalf of my partner who took out a loan with Minicredit 2012/2013. After receiving all the usual threatening letters and the ridiculous charges that was added by Minicredit/OPOS, he set up a DMP with Step Change giving the outstanding balance of the debt at approx £700+. Now, having read these forums it is very clear that the charges added are unenforceable. He emailed OPOS asking for an up to date balance and a full break down of the debt. The reply.. Balance : £240.33 Principal : £100 Interest : £85.00 Penalty 1 : £25.00 Penalty 2 : £55.00 Attempt Fee : £380.00 Debt Collection Fee : £100 I believe I am correct in stating that only the principal loan, the one months interest and a single penalty fee is what is actually owed which would equal £210. He has already paid to date £58.87 through his DMP so therefore he owes £151.13 now. I have no idea where the £240.33 has come from, probably Derek falling on his calculator? Am I correct? How on earth do I go about getting OPOS to remove the unenforceable charges? An email template would be perfect.
  8. What makes the BoS void? My BoS from a LBL company has a witness signature but it's from their own employee who dealt with my borrowing from them. Surely the witness should be a 3rd party and not linked to the lending company in any way?
  9. Hello, I am new to this site, but after reading many of the threads on here, I believe somebody may be able to help/advise me. MY Loan with welcome finance:  Took a loan £2500 on 21st march 2007  Paid 3 instalment £178/month  A CCJ has been issued on October 2012 for a loan amount £6120.00 and paying £35/month  PPI has been claimed and deducted from total amount.  Current outstanding balance is £4120 I have asked IND (Welcome Finance) to send me CCA and from CCA I have found that I have been charged £75 for Acceptance fee and £900 for PPI. From few other forums I have found the loan is unenforceable if it is before April 2007 and there is an acceptance fee (correct me if I am wrong). I have offered 50% amount of total outstanding to WFS to settle my account, however they are demanding the full amount. Could anybody please advise me on this below : a) If the Loan is unenforceable How Should I proceed to qualify it unenforceable? b) If the agreement is unenforceable, can I appeal to court to put CCJ set a side? I have also not informed about CCJ. I have attached the CCA and I would really appreciate any help on this. Thank you.
  10. Hi can anyone post a copy of a Nationwide credit card agreement from before August 1999. Cheers. These don't seem to contain prescribed terms.
  11. Hi there, Can anyone help me please? I've had a summons issued in my name for a credit card debt where summons says the last payment made was made nearly 5 years ago. It's been sent to a different address. Is it too late to send a CCA request for my address, address of summons? I hope someone can help! Many thanks !
  12. Hi All I would be grateful for some advice as to how best to proceed , i will try and make a long story short i got into a mess in 2006 joined a CCCS DMP and paid the majority of my debts off, tbh by 2011 I was exhausted by 5 years of living on the bread line, most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim) i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know I have been receiving the odd letter from capquest and ignored them . today i got a ccj claim form for £9000. This i think relates to a RBS credit card debt . the card was taken out in 1995 at the date i started the DMP i owed £12k, this escalated to £16k as they applied charges, interest and PPI charges for 4 years from the start of the DMP, RBS only issued a default in 2010. in total i paid £9K towards the debt and stopped paying in April 2011 so at best i owe them £3k but i do really want to dispute it on these grounds 1) they continued to add charges and interest even though they knew i was on and had accepted my DMP thus escalating the debt and the amount showing does not reflect what was actually owed 2) the issue of the original default does not reflect the date when i informed them of my financial difficulties and they accepted the DMP 3) Capquest are contesting under the name Lloyds banking group and I have not had any correspondence with or acknowledged any debt my questions are 1) how do i dispute this 2) do i have any grounds at all or am i whistling in the wind 3) should i try and negotiate with capquest say offer them 2.5 K for what i think is outstanding - but i would need to pay over a year i really dont want a CCJ as it could affect my future employment prospects any help would be gratefully received
  13. Hi I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement. They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement". The form was dated 7 July 2006. Is this 'agreement' enforceable? Thanks
  14. Hi all I have two interim charging orders from 6 years ago for Egg credit cards which have now been transferred to Barclaycard. I suspect that Barclyacard don't have all/any of the paperwork and I have made a SAR to Barclaycard. If it dos turn out that they don't have my records can I use this to get the interim orders set aside? Thanks
  15. Ok - so the debt is unen and we have a letter to prove it. Barcalycard give it to Robinson Way - we send them copy of unen letter. Robinson Way send debt back to Barclaycard. Barclacard send debt to Westcott. We send them copy of unen and receive this letter in return. Dear Blah We refer to your recent communication. Having contacted our client they have advised this account is unenforceable under s78 of the Consumer credit Act; however, this does not prevent collection activity. Our client is only unable to take legal action against you. In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. Payment can be made blah blah blah... If in the event you believe you stil have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for colletion. Yours ****** of the Earth who is brainwashed into believing all the capitalist claptrap. I re-sent copy of unen letter cos I couldn't remember if I had already done so. They ignored it. Now today a letter arrives saying we are going to have a doorstep visit!!!! I rang them, said I was my husband. That threw them! They asked for confirmation of DOB, address, postcode etc which I refused to give. I told the debt was unen and told them to check their records. I guess I wasn't thinking straight cos I should have ignored them. I just don't want a doorstep visit and for them to threaten my kids. What do I do now? Ignore?
  16. Hi, Many many years ago I opened a Beneficial Credit Card (a moisten and seal application) which later was sold to Marbles and then to Capquest. From 2008 I made token payments to HFC (Beneficial) as I was struggling with my finances (due to disability etc). Beneficial were not the most pleasant to deal with, defaulted the debt quite early and sold to Marbles. Marbles were a pain in the ****, and refused to correspond in regards to the debt. I stopped token payments at this point. Marbles did not contact me at all for the whole year they owned the debt, nor provided any statements (as the account was already defaulted) before selling on to Capquest. Then I had the 'experience' from Capquest merry go round of harassment so I CCA'd capquest as well as writing many formal complaints. also SAR'd both Marbles and Capquest and received numerous 'constructed' documents. It was quite shocking. In response to the CCA request, they were unable to attain a copy of my CCA, and stated they were trying to attain a copy from Marbles (good luck there!!). I finally received a copy of the original app form (moisten and seal) dated in the late 90's. Along with some Marbles T&C's which were never applicable as the account was defaulted long before Marbles purchased the account. Capquest then stated they were 'waiting' for further information from Marbles in reference to the account, although not stating exactly what. For the last 3 years I have heard nothing from Capquest, no statements, nothing further on my CCA request etc. No arrears notices. Nothing. However I have just looked at my CRA and they continue to add quite a bit of interest every month. I thought that a DCA was only allowed to add interest if the T&C's permitted them too - and as they have declined to provide any T&C's relating to when the account was defaulted or anytime before then I do not believe this interest should be added. I know I shouldn't really worry about this, my CRA is trashed anyway for another couple of years but I have concerns that if they manage to take this to court then the balance is wrong by over £3000! I dont feel as though I should contact them (sleeping dogs and that) but at the back of my mind this is wrong and I wonder if I should get the reporting stopped? Any advice? MT
  17. Hi, ok this is long, complicated and quite hard to explain so thanks in advance to anyone who has the stomach to read the whole ringmarole! In 2006 we (my husband) purchased a car via a dealership, we had poor credit so the dealership used Welcome car finance as our lender. The salesman (call him 'S') gave us a rundown of the costs for the car which was £4,500ish and with the apr the total bill would come to around £7500. fine we said, so S told us it would take around a week for all the paperwork etc etc and he would be in touch. Later that week S rang my husband to say that he needed to come into the dealership because there was a problem, so in we trot.. S told us that Welcome needed to speak to Paul (husband) and he rang them from his desk and handed the phone to Paul, a man from welcome then told Paul that he could not have the original finance because Paul was a CIS contractor so effectively he was self employed and the only way they would lend the money was if he took their PPI policy with the loan - no PPI, no car. We desperately needed a car so Paul was then under pressure to say yes so did so and signed the paperwork that S presented to us. This agreement ended up at a total of £10550! We never missed a payment until an accidental 'boing' at the bank in late 2009 when we genuinely didnt know that we didnt have enough money there, Paul received a very abrupt phone call on his mobile whilst at work demanding the payment NOW on the Tuesday, he explained that it was an accident and that he wouldnt have the money to pay them until the Friday and could they please wait until then (3 days time) Welcome's response was basically NO, pay us now whether you have the money or not! Paul pointed out thet we had never ever missed a payment and couldnt give them what he didnt have and why couldnt they wait until Friday? Welcome again responded with a harsh 'dont care' attitude and began threatening to re-claim the car (which they couldnt do due to us having already paid more than half) they threatened CCJ's Baliffs, you name it. This went on all week! Phonecall after phonecall, at one point a man very agressively told Paul that "You WILL pay the money to me, and we WILL get it from you one way or another" Paul then became agressive himself (I think understandably) and hung up on them. He then refused to speak to them and as a result of their attitude they were not paid. It went on and on and on... We even tried to give them the car back, they initially said no they werent prepared to do that, and then sent us a bill for nearly £1000 to take the car away before they had even seen the thing At this point we had £3138 left to pay, meaning we had paid nearly £7500. The credit agreement states 'total payable for goods £7791.52. We realised that we had been mis-sold the PPI when all these adverts and Martin Lewis were on TV talking about it all. When we tried to claim the PPI was unfair and mis-sold Welcome sent us a form, told us they had investigated it and that they never sold us the policy and to chase the dealership (which had gone, completely..no longer there We had the FOS look at it and after about 2 and a half years they said, sorry we cant help because the dealership has gone out of business.) Paul then told them that we would instead like to cancel the PPI and all they did was send us a letter saying that it had been cancelled and a refund of £64 odd had been deducted from our final total! The total amount for insurances on our credit agreement states £2763!!! If this is the case then surely a large remainder of what we owe is PPI and interest on PPI? roll on to now, We have tried to sort out a payment agreement with Welcome, they told Paul that they couldnt even find his accouont with them and they would call him back whrn they located it...they didnt.. Deloitte have taken on our PPI claim and are trying to re-claim from the dealership (which we still maintain didnt sell us the PPI) nobody seems to be listening to us re:welcome sold it to us over the phone as part of our process we had to call welcome to ask for a letter stating that they didnt sell us the PPI. Miraculously they found the account..and then told Paul over the phone that they werent sure if they could send a letter because they werent sure who was responsible for the selling of the PPI due to . ..and I quote..'a box not being ticked' They did send us a copy of the letter sent in 2009 saying they had investigated and decided that it was the dealership, which we sent to Deloitte. A letter arrived yesterday from Northampton County Court saying Welcome are taking Paul to court for failure to pay the contractural installments.. .£3999 plus added interest and costs totalling £4333.68 I have letters from welcome dated 2010 stating the debt 04/02/2010 £3138.96 16/02/2010 £3238.58 Within 12 days it went up by nearly £100 with no explanation! The court papers say as of 02/04/2010 it was £3399.91 Where the hell are these figures coming from?! its like they are plucking random figures out of the air! As I previously stated, when Paul rang Welcome to arrange to pay this off he was told that they couldnt find the account, so where in merry mooblie have they suddenly pulled this lot from?! Even if Deloitte manage to re-claim ppi from the bankrupt dealership it looks like Welcome are going to end up getting it back plus masses of interest anyway by taking him to court, so how does this work seeing as they say they have nothing to do with the PPI? This is all becoming too confusing and we are literally at the point of destruction now, just want it all to stop. I'm so sorry this is long but I'm trying to give as much info as possible in the hope of someone knowing what the heck we can do now, Paul wants to contest as its mostly PPI and PPI interest which we are claiming for anyway..how does this work? Heres hoping that someone can help!
  18. The local Council have arranged a temporary Road Closure Order for a whole day while there is an event on. My area, (containing hundreds of houses and various businesses), will be totally cut off as it is surrounded by railways, canals and is boxed in by the main Road which will be closed for approx 12 hours, 6.30am to 6.00pm. There are diversion routes, but they are only accessible by one Road Crossing Point, which is only open for a few hours ! My question is that I believe that the Road Traffic Act says - that during road closures, a safe diversion route must be provided, also right of access must be available at all times. So does that mean that this Road Closure Order is unlawful/ unenforceable ? What can I Do ? Please help, Kyle
  19. If I posted a copy of my secured loan agreement on here would anyone be able to see if anything is wrong with it.Are you not allowed to do that?I'd omit my name and mortgage lender.
  20. Hi Everyone, Well the basics of my query revolve around a contract that I dispute is enforceable. With the dispute on going my last contact with the Creditors solicitor was June of last year (2012). I received a standard email response back from their solicitor advising they would discuss points raised and reply forthwith. That was over 6 months ago and no response back from Creditor direct or their solicitor. However at the end of January this year I had a letter through off a debt collection agency (BCW) advising they had been passed on my details of debt etc and were now seeking recovery of it. I advised them this was on going and was in dispute. zz have since contacted the Creditor regarding any dispute etc and having received a letter dated 22nd March 2013 to say I'm a little stunned is an understatement. The Creditors have told BCW that they closed the case with the solicitors in October 2012. They have also said they're not aware of any dispute and are seeking settlement for the balance. So whats the best action to take now as I have all correspondence from Creditor initially when this all started and then Creditors solicitor (still waiting a response from my email sent to them back in middle of last year). I have emailed the Creditors solicitor concerning passing on my details to BCW when the debt is disputed/challenged. I've had no reply to either emails even just as a courteous reply from solicitors. I've never had any notification the case was closed and have as far as I'm aware the dispute still stands. Doesn't it breach OFT guide lines passing on details to debt agency firstly when its in dispute and with no contact to myself BCW have now given me 14 days to respond with documentation relating to the history of the dispute . So advise / guidance welcomed. Thanks in advance.
  21. Hi Guys, I've done a CRA on MBNA for a £3500 debt that's been outstanding for a couple of years now, that they have kept a default on my CRA but are being very coy about actually chasing. I suspect the CCA (If you can call it that, it looks like an application form to me) is not correctly formed, and thus unenforceable. Could someone validate that for me? (CCA Attached). Also, assuming it's unenforceable, how do I force MBNA to take it off credit reference agencies (CRA's)? thx in advance
  22. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  23. Hello, I have a default in Aug 2009 with a credit card with a balance of £17000. There is no CCA with the OC and so the debt could not be pursued. This debt was subsequently sold to Cabot despite no CCA in Feb 2011. I told Cabot to get lost as there is no CCA and they can't enforce it. They obliged and got lost. Cabot said something along the lines of 'oops they didn't know that there was no CCA and bought the debt from the OC in good faith'. They left me alone and didn't pursue the debt - that's a couple of years ago now. Saying that they are still updating my credit file which is showing the default and the outstanding balance. My question is this: I know that DCA (Cabot in this case) buy these debts for very little money, and I was wondering if there is a way I could offer to make some payment, on the condition that they remove the default. As it stands they won't get a penny from me and there is nothing they can do about it, however if I make an offer (perhaps 10% of the debt) on the condition that they remove the default on the account, is that something that would that work? I have no experience in this so if someone could tell me if there is a way to go about this, that would be great. Thank you very much in advance MrSponge
  24. Hello Everyone, I am trying to clear up my credit file (for future possible mortgage or loan reasons). I have a few questions, and am looking for general advice on what to include on a letter. Long story short, I won a case Vs an RBS bank a few years back, for a loan of about £8k, there were all sorts of problems with the loan, ranging from PPI to no or invalid credit agreement and so on. It went to court and I won. (they backed out). Costs were paid to my solicitors and the loan became unredeemable unenforceable. (From what I understand anyway). Now, this was several years ago, since then they continue to enter a non payment entry on my credit file every month, and send letters every six months or so saying they understand the debt cannot be enforced in a court, but it should still be repaid – non payment will be reported to the credit reference agencies. (the loan amount has not been updated for years) I have been in touch with a CRA that have suppressed the entry while they wait for a reply. From what I understand they should not be putting entries in for a debt like this, but it seems to be an area where there is not much certain information and I have read conflicting reports. I also have had success in getting an entire account removed in relation to a credit card by a basic request to the CRA so I know it is possible. What could I put in a letter for a company being more difficult and refusing to remove a entry, and what rights would I have to request for this to be removed, (at the very least the information on values is incorrect due to PPI and so on). Also I have one other question, Would this be removed after six years has expired, or as they claim the debt is still valid and send letters every six months, would that mean they would try and keep it on there for ever?. Just a note to say I have seen a lot of bankers posting on a certain other forum, just to make it clear I am not interested in a lesson on morals from the banks or their PR teams who roam some forums . Thank you in advance for any ideas. hereigo
  25. I've used ParcelMonkey a few times recently; most recently I was arranging a return for the boss and PM came out cheapest on their bulk rate. No great surprise there, but what did pique my interest was the definition of 'perishable items' in their T&Cs -- as well as their no-compensation and prohibited items list. In their T&Cs (parcelmonkey.co.uk/terms-and-conditions) it reads (emphasis added): I couldn't believe it when I read that they'd defined designer clothing, apparel and accessories - over £250 in value, no less - as a perishable item! How is this justifiable? Subsequent Googling of other couriers' T&Cs with regards to perishable items yielded only the standard fare; foodstuffs, livestock or stuffed animals, etc. In addition, PM's "no-compensation carriage" list is bizarre (parcelmonkey.co.uk/prohibitedItems.php) and includes a mixture of reasonable and completely bizarre specifications with no promise of compensation should they be damaged. (Even if they're packaged correctly?!) This all strikes me as overly optimistic on their behalf and vastly overreaching; of course you have to consent to the T&Cs before you book a courier - so should a complaint ever arise over an item damaged or nondelivered they can just fold their arms and say "well, as you agreed, we hereby refer you to the response in Arkell v. Pressdram" and subsequently ignore you. Now whilst any company's entitled to state what it wishes or does not wish to carry on behalf of customers, if the individual couriers' own T&Cs are less restrictive than the third party broker (Parcel Monkey) would it not be arguable that their own T&Cs are unenforceable as the additional restrictions are arbitrary and, in some cases, punitive? I can't afford to send a laptop hoping it'll get broken to then file a test case, so I'm interested to hear what people think of all this from a purely academic standpoint. Are there any relevant precedents?
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