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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.

C L Finance just knocked on my door!

Pfc01

By Pfc01
in Debt Collection Agencies

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Pfc01

Pfc01

Posted
Posted

Hi,

 

I have just had a knock at the door from a debt collection agency - C L Finance in relation to a debt with Lloyds TSB. She called it a pre bailiff visit.

 

Apparently the bailiffs are due at my addresssoon...

 

I have made recently two payments direct to the court on this debt and I am presently unemployed, because I did not know who was the DCA - now I know!

 

I need advice as to how to deal with these people whilst I find employment. Most of my debts are handled by my debt management company, but not this one. I do not know why this is the case.....

 

How do I go about dealing with them, I may be calm on the outside to keep my wife happy, but now I am starting to worry.

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Ell-enn

Ell-enn

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Posted

Hi there, do you have the original judgement order from the court? it should have a box on it which says "Address for Payment" ? See if you can find it and then come back and tell us.

 

Kind Regards

 

Ell-enn

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Pfc01

Pfc01

Posted
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Posted

I do not have any paper work relating to this debt.

 

I can honestly submit, I do not remember receiving any paper work, even though I must have.

 

I do not remember or received any paper work from C L Finance relating to this debt.

 

Sorry I cannot be any more help. I have moved due to my house being repo'd by Lloyds... And a few bits and pieces have been lost since last year.

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Ell-enn

Ell-enn

Posted
Posted

OK, when you sent the payments to court what did you tell them it was for.

 

Did the agent who knocked on your door today leave you any paperwork with reference numbers or anything to do with this debt?

 

Ell-enn

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Pfc01

Pfc01

Posted
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When I made payment to the court, I took the letter they sent to me. I have not received anymore letters from them since the one for payment to be made by the 18th July.

 

All the agent left was a card telling me to get in touch with her ASAP, all it contained was a name and a mobile telephone number. No references numbers on the card.

 

I did fob her off saying all my debts are managed by mt debt management company (which is true - but not this debt) just to get her away.

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Ell-enn

Ell-enn

Posted
Posted

Who was the letter from that you took to court and what exactly did it say?

 

(Sorry for all the questions but I need to get the right picture to be able to advise you properly).

 

Did the court give you receipts for payment you made?

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Pfc01

Pfc01

Posted
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Posted

That's okay, I understand you need to ask questions.

 

The letter was from the court, saying I need to pay x amount by x date, if I do not pay then the baliffs will come round a take goods, or words to that effect.

 

When I made payment in the Court Office, they did give me a receipt.

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KER

KER

Posted
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So you did pay the right amount to the court by the required date?

 

Did the court say you should pay them or the DCA direct in their letter?

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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Pfc01

Pfc01

Posted
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I paid the correct amount to the COURT by the required date.

 

The letter said I pay the court. No mention of the DCA and the court said I need to contact Northampton Court, which I did requesting details and I still wait!

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Ell-enn

Ell-enn

Posted
Posted

Hi, so have you paid the full amount the judgement was for? or was it to be paid in installments?

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

Posted
Posted

OK, you can apply on a form N245 to vary the payments - you will have to fill in your income and expenditure on it (therefore showing that you are unemployed) and asking for the payments to be lowered.

 

You can get the form from your local court or download it here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=1F2414236046785F61404CA45BB8B50A

 

There is normally a fee of £35.00 but if you are unemployed you should be exempt, the court will be able to tell you.

 

The case number will be on the receipts you got from the court for your payments.

 

If you need any help with filling in the form let me know.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

You don't need to do anything if you don't want to - the court will advise CL of your N245 being submitted. However, if you are worried that she might call back you could ring her and tell her that you have submitted an N245 form to court and they are now dealing with your request (no need to tell her what you're asking for).

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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