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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.

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      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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connaught collections annoying!!!!!!!!

madson

By madson
in Debt Collection Agencies

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madson

madson

Posted
Posted

hey there, this is my first time on here so not sure if i'm posting in the right place?anyway if anyone can help i would greatly apprciate any advice? I keep getting phone calls from canought collections regarding an old credit card debt that i had with halifax they seem to bully me with every call the debt is only for 1,300 and to me that doesn't seem like a huge amount to owe and to warrent getting nasty calls? i did set up a payment arrangement with them for £30 a month but haven't paid anything yet because i'm not working i'm a stay at home mum and have other things to pay off first. i have just gotten another call from them and they told me that they could start bankcrupcy proceedings and that it could result in me losing my house,really??? for a debt of so little a court would decide yes take her house so that they can get their 1,300????? anyway got fed up of the guy bullying me on the phone once again so told him to just do whatever they felt was nessasary because i just couldn't pay right now. they make me not want to pay them because they **** me off with the way that they speak to me. yes i have the debt yes i know i have to pay the money back but no surely i don't deserve to be spoken to as though i'm owing them thousands and thousands of pounds? Anyway any advice you may have for me would be great! sorry if this post seems to just rabbit on i'm just ****ed off with them calling me all the time.

thanks again madson xx

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babybear39

babybear39

Posted
Posted

Hi madson, yes you're in the right place :)

 

You need to CCA connaught with this letter here:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Amend as neccessary, enclose the £1 payment using a postal order keeping a record of the number to check if they cash it, DO NOT SIGN IT print your name, send all recorded delivery ASAP.

 

This will establish their right to collect the alleged debt. Also add a line requesting a staement of account which is free of charge.

 

You might be best sending this as well:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

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Tila

Tila

Posted
Posted

Dont sign the letter and make sure u send it recorderd delivery. Worst case scenario and they do take you to court (hardly unlikely) the judge will only make you pay what ever you can afford be it £1 or £100

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  • 3 weeks later...
madson

madson

Posted
  • Author
Posted
Hi madson, yes you're in the right place :)

 

You need to CCA connaught with this letter here:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

YOUR ADDRESS

 

 

 

 

 

DATE

 

 

 

 

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Amend as neccessary, enclose the £1 payment using a postal order keeping a record of the number to check if they cash it, DO NOT SIGN IT print your name, send all recorded delivery ASAP.

 

This will establish their right to collect the alleged debt. Also add a line requesting a staement of account which is free of charge.

 

You might be best sending this as well:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

 

 

 

Hi, i sent the letter off to them and i have just recieved a letter back from them saying; we write to your correspondence with regards to the above stated outstanding debt. the contents of your letter have been noted. however we write to inform you that our files have been closed and returned to 1st credit limited of the omnibus building(different address is then written) we would request thet all future correspondence in relation to this matter is forwarded to their offices. they have also sent me back the postal order that i sent them.

sorry for the long winded post but not sure what to do now? do i have to write the letter again and send it off to the new address?

any help will be much appreciated!!

thanks madson xx

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BeauBrummie

BeauBrummie

Posted
Posted

Good for you, you have won a small battle in the war, but CCA request still stands. The ball is in their court now, you should wait and see what their next move is.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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madson

madson

Posted
  • Author
Posted
Good for you, you have won a small battle in the war, but CCA request still stands. The ball is in their court now, you should wait and see what their next move is.

 

Beau

 

Hi there, what should i do with the postal order that they sent me back? just leave it? i shall wait and see what else they send me now then. not sure what it means when they say they have closed the file and have sent them to 1st credit?

cheers madson xx

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BeauBrummie

BeauBrummie

Posted
Posted

Hi Madson,

It sounds like Connaught were trying their luck under the umbrella of 1st credit, so if Connaught have closed their file that means that they will probaly not chase you any further and have passed the buck back to 1st.

 

Next move will probably be from 1st credit but you must wait and see. You have time on your side now as the CCA request clock is ticking.

 

Have you a certificate of posting ? because you need to wait for 2 posting days and 12 working days for connaught to be in default of your request.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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madson

madson

Posted
  • Author
Posted
Hi Madson,

It sounds like Connaught were trying their luck under the umbrella of 1st credit, so if Connaught have closed their file that means that they will probaly not chase you any further and have passed the buck back to 1st.

 

Next move will probably be from 1st credit but you must wait and see. You have time on your side now as the CCA request clock is ticking.

 

Have you a certificate of posting ? because you need to wait for 2 posting days and 12 working days for connaught to be in default of your request.

 

Beau

 

Hi Beau, thanks for getting back to me so quickly! i have got my reciept for the postal order and i have got the recorded delivery slip from the letter i sent in,is that enough? how long do they have with the cca request?

sam xx

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madson

madson

Posted
  • Author
Posted

Actually while i think about it,since i sent them the letter i haven't had the annoying p***k who usually calls me every week phone at all!! :D i feel like i kicked his arse thanks to this site!!!!:)

sam xx

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BeauBrummie

BeauBrummie

Posted
Posted

Hi Beau, thanks for getting back to me so quickly! i have got my reciept for the postal order and i have got the recorded delivery slip from the letter i sent in,is that enough? how long do they have with the cca request?

sam xx

 

To be in default refer to post 9 paragraph 3.

 

Actually while i think about it,since i sent them the letter i haven't had the annoying p***k who usually calls me every week phone at all!! :grin: i feel like i kicked his arse thanks to this site!!!!:-)

sam xx

 

Shows the power of CAG don't you think ?

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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mr.ton

mr.ton

Posted
Posted
. i have just gotten another call from them and they told me that they could start bankcrupcy proceedings and that it could result in me losing my house,really???

 

Was it yesterday they made the call?

Afterall it was April fools day :rolleyes:

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ck&ll

ck&ll

Posted
Posted

hi

i have dealings with connaugh because i was ill at the time and still am i agreed to pay them £5 per month and asked for a receipt upon receipt of the postal order they sent me warning letter that i was in arrears of £5 but no receipt iwrote back telling them no receipt nomore money now they are threatening court action i am in poor health with very high blood pressure bording on stroke and have been in hospital twice in the same amount of months cant risk it going up any further or ill be in a box am i doing the right thing?

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babybear39

babybear39

Posted
Posted

Congrats madson, but it's not over yet. Keep everything, including the returned postal order. The CCA timescales still apply and you have proof that they recieved your request. It's connaught duty to pass this request to 1st credit ;) If/when 1st credit contact you, come back for more advice and we'll help you kick their a**es :D

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madson

madson

Posted
  • Author
Posted
hi

i have dealings with connaugh because i was ill at the time and still am i agreed to pay them £5 per month and asked for a receipt upon receipt of the postal order they sent me warning letter that i was in arrears of £5 but no receipt iwrote back telling them no receipt nomore money now they are threatening court action i am in poor health with very high blood pressure bording on stroke and have been in hospital twice in the same amount of months cant risk it going up any further or ill be in a box am i doing the right thing?

Hi there,

maybe you should send them the same letter that i did and see what happens after that?

 

sam xx

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madson

madson

Posted
  • Author
Posted
Congrats madson, but it's not over yet. Keep everything, including the returned postal order. The CCA timescales still apply and you have proof that they recieved your request. It's connaught duty to pass this request to 1st credit ;) If/when 1st credit contact you, come back for more advice and we'll help you kick their a**es :D

Thank You so much!:D i honestly don't know what i would of done if i hadn't found this site!!! Everyone knows so much!!!!!

cheers madson xx

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