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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.

DLC/Hillesden Citi Card please help

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Crolthtroll

Crolthtroll

Posted
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Posted

Bump.

 

Please can someone give me some advice. I don't want to get caught out napping, they are asking me to contact within 7 days otherwise they may take further action. Should I let them know they have not fulfilled my CCA request of 3 years ago. I have done a lot of reading on this site and it seems best not to ignore their letters in case they think you are ready to cave and go for a CCJ. The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

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ArtisanUK

ArtisanUK

Posted
Posted
The debt they are chasing is for a Citi Card that I never applied for, it was sent to me without any kind of Credit Check has anyone else had this happen?

That does seem queer.

 

If that was what happened, it would have been an offence contrary to section 51 of the Consumer Credit Act 1974 and the OFT should have done something more about it than the traditional light chastisement with a feather.

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Crolthtroll

Crolthtroll

Posted
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Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

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Alloyz1

Alloyz1

Posted
Posted
Hi Rebel11,

 

Does the following paragraph from No 5 on your list still apply? Just need confirmation it has not changed so I can sleep at night.

 

1.2 The sanction under the Act for non-compliance with an information

request is unenforceability of the credit or hire agreement for so long as

the creditor or owner fails to comply with his duty.

2

Where there is such

a failure, the courts have no discretion to allow enforcement.

 

thanks

 

 

Eli:-)

 

Yes it does still stand

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Alloyz1

Alloyz1

Posted
Posted

Rebel

Not sure if i got this right...

The judge summed up (carey) that the presscribed terms can be in another document even if the document they are in do not relate to the agreement... 173 (3)

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Crolthtroll

Crolthtroll

Posted
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Hi Folks,

 

Got another big envelope today with a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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Alloyz1

Alloyz1

Posted
Posted

Factually or in the eyes of the creditor???

Nothing really, true copy is the legal term in the Acts (CCA 74 etc) Reconstructed is when the creditor says we don't have the original but it will have looked exactly like this (Honest M'Lud).

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Alloyz1

Alloyz1

Posted
Posted

I like the HMMM as you disagree... very diplomatic ha ha....

 

Well i see your point, however if the true copy does not contain the signature or various other items how can it be said to be a true copy as it can not be proved to have been signed by the debtor?

 

Which is where the "put to strict proof" comes in. If they can not produce the original how can it have been taken from the original, they clearly don't have it?

 

Did any of that rambling make any sense!!??

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Crolthtroll

Crolthtroll

Posted
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The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

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teaboy2

teaboy2

Posted
Posted

well am of the veiw that if it does not contain your signiture, then its not a true copy of the signed original, but a true copy of what it would have looked like without your signiture lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
Posted
The reason I ask is in ref to my post below on another thread (don't want to hijack this one). The letter was in response to my 3 year old CCA request.

 

Hi Folks,

 

Got another big envelope today with a copy of a letter from Citi to DLC in which they wrote "we enclose true copies of the debtor's original and final agreement." Also letter from DLC to me saying basically that due to the age of the account they can not supply the original agreement but just because they are prevented from enforcing they will still be chasing and reporting to credit ref agencies. Is this a stale mate situation?

 

thanks

 

Eli

 

Yep, they just admitted they can not enforce the debt in the court, though they can still ask you to make repayments

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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