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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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lizzy40
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lizzy40

lizzy40

Posted
Posted

Was wondering if anyone would have any advise or other options?

 

Had an arrangement with a credit card company to make a monthly payment each month while in financial difficulties also my interest had been frozen for this duration.

 

I have now come to the end of arrangement but still in financial difficulites. Have sent another personal budget statement and asked to continue arrangement but they have replied saying they cant do this. The company concerned have stated they have two options, if in short term problems they will set up arrangement and suspend interest for six months which is what they have done with me. The second option is for long term problems which is to set up another arrangement the interest will be frozen but my account will have to be passed to collections department and account will go into default status. Anyone know what else I my be able to do don't want my account to be defaulted this will show on my credit file for 6 years, I think?

 

Any advise will be appreciated...

 

Lizzy

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tiglet

tiglet

Posted
Posted

I'm afraid that they can do this legally (morally is another question).

 

Do you think there are any charges on the account? If so, perhaps a SAR will give you the info and you can start reclaiming them, therefore reducing the debt.

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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lizzy40

lizzy40

Posted
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Posted

Thanks for answering my thread Tiglet.

 

No there aren't any charges. Just thought there may have been a loop hole. Doesn't seem fair I'm doing all the right things by keeping them up to date and sticking to my monthly payments, I know they have to earn some money from me but the amount I can pay at present and the added interest payments will mean my balance wont reduce?

 

Looks like I may have to default!

 

Lizzy

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tiglet

tiglet

Posted
Posted

Have you sent off the CCA request to ensure they have a legal right to collect the debt?

 

Could be a good bargaining tool if they don't ...

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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lizzy40

lizzy40

Posted
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Posted

Whats a signed enforcement agreement?

 

My account hasn't been defaulted yet but will if I have to take the long term option they advised me of, as they have already helped me on a short term bases. The only way they can help me now is pass my account to collections dept and and set up payment agreement and freeze interest but on doing this my account will have to go into default?

 

Does that make sense?

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tiglet

tiglet

Posted
Posted

Well, this is what they are saying to you - but lizzy - do you really think they will tell you all of your options?

 

A CCA request is basically asking them to prove they have a legal right to collect the debt. It should include all of the prescribed terms as set down by the Consumer Credit Act 1974.

 

If they do not have a copy which meets the terms, they cannot enforce the debt by legal means. this is a good way to bargain with them to freeze interest etc.

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 problem Lizzie - always best to weigh up all of the options and decide what is best for your situation.

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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lizzy40

lizzy40

Posted
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Not sure whether thats the right way to go as I'm not trying to avoid my debt and by going down that root I will be more or less saying I'm not paying and don't want to pay. If I did ask for a CCA request would my account be put on hold and would interest still be accumulating?

 

I'm so confused?

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tiglet

tiglet

Posted
Posted

I'm not advocating debt avoidance (and never would) - however, they are presenting you with limited options.

 

You have a legal right to ask for a copy of your CCA at anytime. If they cannot produce one, as I've said, you may be able to use that to negotiate them freezing your interest.

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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PrettyPaula

PrettyPaula

Posted
Posted

dont forget the postal order for £1!

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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