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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.
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      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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Requesting copy Default notice......Egg...?


Matt5791
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Under what section of the CCA can you demand a copy of the default notice?

 

Or is it just a requirement that they can prove it was issued in line with the Act or any other regulations?

 

Would love to know about this - I recently approaced Egg to ask them for a copy of the default notice, but was met with the response:

 

"In respect of your request for a copy of the default notice, whilst we are under no obligation to provide a copy of this default notice, I can confirm that the default was registered in accordance with the correct proceedure

Yours sincerely"

I think this is a standard response, but would be interested if anyone has any advise on this.

 

Matt

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I would assume it should be included in a Subject Access Request, as these should inlcude ALL data held by a company about you.

 

See what the others think.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I would assume it should be included in a Subject Access Request, as these should inlcude ALL data held by a company about you.

 

See what the others think.

 

the only way to obtain a copy of this would be through a S.A.R - (Subject Access Request) IMHO

 

 

SNAP!! :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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How about if I was to write back and say, well I don't think that you did issue it properly, if at all (which they didn't) and demand that they prove they did with the threat of commencing court proceedings to get the default removed.

 

In that event I could surely ask they disclose the documentation they would seek to rely on in defending such a claim (under the Civil proceedure rules).

 

My worrk about the Data protection Act is that under the judgements in Durant and Smith, I believe that Data for the purposes of the act, only inlcudes data that is processed electronically and is easily retrieveable? - ie. it does not include files chucked into boxes and stored randomly - which such a notice may be.

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from my experience with Egg, in response to my sar they supplied a copy of my default notice

 

its probably best to ask for all details held on file under the sar imho

 

you would be foolish to file a claim without first having a default notice in your possession. you can argue that they failed to send a valid default notice but you would have extreme difficulty in arguing they didnt send you a default notice.

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the best route i feel would be the SAR, then once you have the default notice, look at it and check its compliant with Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561).

 

also by sending a sar it should give you a over view of the charges levied and if teh default notice contains an incorrect amount then it will render the default notice invalid per Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255

 

i hope this helps

 

regards

paul

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