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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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    • jk2054
      Evri lost 2 parcels approx. £600 (part 2)

      By jk2054 · Posted

      Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week

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      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.

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      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.

Honours Student Loans and Fieldcall

lferr2002

By lferr2002
in Debt Collection Agencies

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tiglet

tiglet

Posted
Posted

Ok.

 

Several things you can do here to give yourself a little breathing space.

 

1. Send HSL a CCA request with the appropriate fee.

 

2. Send the the letter revoking their right to come to your house. advise you will only communicate in writing.

 

Give some more details - how old are the debts? Have you acknowledged them in anyway by making payments or in writing during the last 6 years?

 

Don't worry at the moment - just keep calm and follow the steps to get it sorted out.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Well, this one's quite easy, actually.

 

You got the information commissioners website and make a complaint about the blatant breach of the DPA.

 

Of course they want the money now - it looks like the debt is statute barred. You send HSL a statute barred letter for each loan by recorded delivery (you can find it on the templates). If you have not made a payment in over 6 years, nor have you acknowledged the debt in writing during that time, then the debt is statute barred.

 

If they come back, post again and I'll advise depending on what the contents of the letter says.

  • Haha 1

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted
gee I have been stressing since last week when the guy visited!! And searching endlessly till I found this site today!!

 

That's how everyone feels when they first join - have a look around the site - there's loads of different forums and who knows? You amy be able to help someone else along the way.

 

Sorry to be a pain but do I send the letter to HSL or to fieldcall (bearing in mind I havn't actually spoken to fieldcall my boyfriend said I was out but that I did live there)

 

You're not a pain, just wanting to get it right first time. HSL as they are the ones persuing you for the debt and this guy is simply their agent.

 

DO I now do anything about the CCA request.

 

Not at this point in time

 

I am 99% positive it has been 7 years how could I find out for sure or would it not matter if I send statute barred letter and its wrong. Does it not matter that they have contacted me by letter durinng that time?(never been recorded delivery - or if it has its been to an old address and I have never recieved this)

 

It does not matter whether they have contacted you or not, it's whether you have contacted them in writing or made a payment. Once they receive the statute barred letter, if they believe it to be wrong, they will soon get back in touch with you. That's when you then ask them for proof, but we'll deal with that eventuality if and when it happens.

 

Thank you again

 

My pleasure

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

You can send the bit about not coming to the door if you want, but they really shouldn't persue you for the debt if you ahve not made payment or admitted liability for the debt in the 6 years (5 in Scotland).

 

WARNING ... this site may prove addictive x

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Spot on - don't forget to send it recorded or special delivery so that you have proof that they received it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 2 weeks later...
tiglet

tiglet

Posted
Posted

The naughty boy!

 

Good job OP had sense enough to send PM rather than responding.

  • Haha 1

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 1 month later...
tiglet

tiglet

Posted
Posted

No, once a debt is staute-barred making a payment does not start the ball rolling again - it remains statute barred, which means that while the debt does still exist, it is not enforceable by the courts. Once you have stated that the debt is statute barred, if they continue to press for payment, they are in breach of OFT guidelines on debt collection.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

No, depending on when you last made payment before you started in 2006, it would also be statute barred - the reason I mentioned 1997 is because it was students who took out their first loan from 1998 onwards who did so under the new style loans.

 

Those who took them out before that, even if they were studying in 1998, continued under the old style loans.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Hi

 

They cannot now enforce the debt through the courts, no. Whether you decide to pay them or make thsi a bragaining point for paying a reduced sum os up to you.

 

If they have registered a default with the CRA's, then it will stay on file for 6 years and then will drop off. Have you checked your credit records to see if this is the case?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

I really don't knwo about this, to be honest - "bumping" this up in case anyone has any experience of this.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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