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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.
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Response from Link Financial- should they comply?

taurus66

By taurus66
in Debt Collection Agencies

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taurus66

taurus66

Posted
Posted

I sent a CCA request to Link Financial after receiving a demand for £126. This is for an old store card. I had been repaying this at monthly intervals (£5.00) direct to G E Money so I'm a little surprised they've passed it on.

This is the response I got from Link. I understood they had to comply with my request.

 

LINK.jpg

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Hippy-chick

Hippy-chick

Posted
Posted

:o I love it

 

How many ways is this is wrong?

 

Well - apart from anything else, as they cannot be sure that you are the debtor until you provide all of this, surely they won't be expecting any payment? After all, as they are so concerned that you prove who you are before they proceed, they couldn't possibly take your money - now could they?

 

Oh, I love it!

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Hippy-chick

Hippy-chick

Posted
Posted
Thanks hippychick

I didn't know whether to laugh or not at the letter/content. Why 6 specimen signatures? Maybe I'll send them 6 of the 7 dwarfs.

 

Yes, that 6 really made me laugh. Now, of course, I would never accuse DCAs of underhand practices such as copying and pasting such signatures to provide official documents. But, even if that were why they wanted them (and, as I've just said, I would never, ever, say that) - why 6? That could not be so they could ensure that at least one was a copy they could use, could it?

 

Anyway, it looks as if they do not have the CCA, so do not have the authority to act in this case. So they're trying to stall. I'd file under "ignore for now" and wait for their next move. Meanwhile, I wouldn't be paying any more money towards this once it gets to the 12+2 days.

 

But I'm no expert!

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Hippy-chick

Hippy-chick

Posted
Posted

Yeah, Taurus, I noticed that.

 

:D

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Curlyben

Curlyben

Posted
Posted

As Hippy says this is sooo wrong and against OFT guidelines.

File under IGNORE and see what they say next.

 

AS they are clearly unsure you are the debtor then these come into effect.

OFT Guidelines:

sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

That's just for starters.

 

IF they write back then we'll hit them, HARD ;)

  • Haha 1

Be VERY careful whose advice you listen too

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rory32

rory32

Posted
Posted

In order to comply with the Data Protection Act they shouldn't have disclosed any details of the account to you if they were not sure of your identity. It's a little late in the day to bring up the Data Protection Act as a rather pathetic stalling tactic. As for 6 specimen signatures...next they'll be asking you to send them your firstborn child as a form of i.d. :rolleyes:

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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sosumi

sosumi

Posted
Posted

If they had the CCA they'd send it to you asap. Their 'Litigation Department' seems to be a little overcrowded. ;) If they've sent you a 'demand' for this money, then surely they already know who you are? And if they don't know who you are, then surely they should be talking to the OC, which has after all been accepting your monthly payments?

CB's reply quoting the OFT says it all. People like CB and Rory32 really know their onions. Unlike some 'Litigation Specialists' who seem to be struggling with what an onion is. :roll:

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Having_A_Knightmare

Having_A_Knightmare

Posted
Posted

In order to comply with the Data Protection Act they shouldn't have disclosed any details of the account to you if they were not sure of your identity

 

Great point this if you could be bothered you could have some fun with these.

Click here for great help:razz:

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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taurus66

taurus66

Posted
  • Author
Posted

Thanks for all your replies,very informative. In practical terms,other than waiting for them to contact me again, what could/should I be doing?

I'm disappointed with GE Money as I have never missed a payment and can't understand why it's been passed on. I am NOT paying these people.

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rory32

rory32

Posted
Posted

You don't need to do anything unless Link contact you again demanding payment.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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