Jump to content


  • Tweets

  • Posts

    • Hi all, an update on the case as the deadline for filing the WS is tomorrow i.e., 14 days before the hearing date: 7th June. Evri have emailed their WS today to the court and to myself. Attached pdf of their WS - I have redacted personal information and left any redactions/highlights by Evri. In the main: The WS is signed by George Wood. Evri have stated the claim value that I am seeking to recover is £931.79 including £70 court fees, and am putting me to strict proof as to the value of the claim. Evri's have accepted that the parcel is lost but there is no contract between Evri and myself, and that the contract is with myself and Packlink They have provided a copy of the eBay Powered By Packlink Terms and Conditions (T&Cs) to support their argument the contractual relationship is between myself and Packlink, highlighting clause 3a, e, g of these T&Cs. They further highlight clause 14 of the T&Cs which states that Packlink's liability is limited to £25 unless enhanced compensation has been chosen. They have contacted Packlink who informed them that I had been in contact with Packlink and raised a claim with Packlink and the claim had been paid accordingly i.e., £25 in line with the T&Cs and the compensated postage costs of £4.82. They believe this is clear evidence that my contract is with Packlink and should therefore cease the claim against Evri. Evri also cite Clause 23 of the pre-exiting commercial agreement between the Defendant and Packlink, which states:  ‘Contracts (Rights of Third Parties) Act 1999 A person who is not a party to this Agreement shall have no rights under the Contracts (Right of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.’ This means that the Claimant cannot enforce third party rights under the Contract (Rights of Third Parties) Act 1999 and instead should cease this claim and raise a dispute with the correct party.   Having read Evri's WS and considered the main points above, I have made these observations: Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency   This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri. Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.  As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. Clearly Evri have not read by WS as the above is all clearly explained in there.   I am going to respond to Evri's email by stating that I have already sent my WS to them by post/email and attach the email that sent on the weekend to them containing my WS. However, before i do that, If there is anything additional I should further add to the email, please do let me know. Thanks. Evri Witness Statement Redacted v1 compressed.pdf
    • Thank you. I will get on to the SAR request. I am not sure now who the DCA are - I have a feeling it might be the ACI group but will try to pull back the letter they wrote from her to see and update with that once I have it. She queried it initially with 118 118 when she received the default notice I think. Thanks again - your help and support is much appreciated and I will talk to her about stopping her payments at the weekend.
    • you should email contact OCMC immediately and say you want an in person hearing.   stupid to not
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

marlin financial services


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5406 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

todays the day:D

 

although saying that they can produce anytime they get hold of something that they feel is a valid agreement, the debt does not vanish if they cant produce the agreement it just means they cant collect it.

 

you are now within your rights to stop any payments if any are being made, and I would also write to them stating that due to the time limit expiring the account is now in serious dispute, then ignore all letters etc until you either get a letter saying account passed back to the OC or a letter accompanying a credit agreement.

Link to post
Share on other sites

hi PGH7447, thank you for getting back to me,is there a template letter i can send them,and if they do send a letter with the credit agreement how do i deal with it after today,many thanks for all your help,vincent.:)

 

 

 

i forgot to ask if i recieve any recorded letters off them do i refuse them at the door....??,thanks.vincent.

Edited by jakesdaddy22
another question
Link to post
Share on other sites

Dont think there is a template letter,

 

Try this

 

Dear morons

 

On *Date* I made a lawful CCA request to *Company Name* which you acknowledge on *Date*.

 

As the time scale for such a request is now passed I consider this account to be in serious dipsute and that any further attempts by *company* to collect said debt will be vigourously defended in court, and take note I will also report *company* to the relevant authoritites which would include but not be limited to TS / OFT / FSA.

 

Until such time as my lawful request is complied with I would remind *Company* that processing of my data is unlawful and that any attempts to pass my personal information to a third party without my consent would be reported to the Information comisioners offoce.

 

blah blah blah

 

---------

 

If an agreement does turn up later we can deal with it then, they basically can provide this agreement any time within the next 6 years.

 

If you get a recorded letter just sign for it, it would only contain an agreement if anything, there is nothing else they can do now.

 

I have been waiting for 9 months for one company to even acknowledge a CCA request, but cant be arsed to tell them :D, the longer it goes on the closer to 6 years it gets

Link to post
Share on other sites

  • 2 weeks later...

hi PGH7447,i have a card in my door with a slip to collect a registered letter from marlin at the local post office. what do i do know,should i collect it or ignore it, or is there a template letter to send them, or am i in a mess again. it is way past the 12 days isnt it.many thanks for all your help,vincent.

Link to post
Share on other sites

Yes. If they can't produce the original credit agreement (signed by you) then they can't enforce. They can phone you but other than that there's not much they can do. They only have one solicitor and one barrister they both work part time (you can find out more info via The Law Society). Other than that they have a few legal execs. The company directors also have a company called Black Tip (this is on the net too).

 

The original creditors (banks for example) may or may not send them the original credit agreements. If they don't send them getting hold of them is sometimes really hard for the company that's bought the debt. You could also try asking for a subject access request so they will have to send you all the info they hold on you and this is very time consuming for them. Hope this helps.

Link to post
Share on other sites

hi pgh7447 and aussieguy,its just a letter asking me to contact them with the threat of taking me to court if i dont.should i just ignore it,or send another letter........?

 

how do i send a subject access request is there a template letter and do i have to send them a fee......?,thanks for all your help both of you.

Link to post
Share on other sites

wait for you agreement

 

the reason ime asking these questions is that i know marlin by up car credit agreements that are worthless when challenged, yes car for instance

 

when you get the agreement, post it on your thread, minus personel details.

 

marlin are at the bottom of the pile as dca wont touch them

 

but i need to see the agreement.

 

to post your agreement, google photo bucket, its free

Link to post
Share on other sites

as they are in default of your cca request, ignore

send a letter back to marlin by recorded delievery,

tell them they are in default of your cca request and untill they comply, any form of harrasment is an offence under the addministration of justice act and an offence under the new unfair trading regulations

Link to post
Share on other sites

Hi

 

If they can't supply you with the original consumer agreement signed by you then them taking you to court is going to be pointless. Their offices deal with bulk cases. That is, they won't take you to court themselves in any case. They will outsource to an agent. They sue in bulk through Northampton court bulk centre for which they have software. Basically all they are sending you are standard letters. If they do produce the original agreement and you get a summons from the court you should request that the case be heard in your local court. You should be able to find templates for this on government websites.

A subject access request is just a request for all the data they hold on you. It does cost £10 though. I think you can ask for one of these if the original agreement was a credit agreement. They will have to send you copies of all the letters they have on their file - this may not be a paper file it may be a computer file. Also, a copy of their conversations with you or logs of what they have done on your case. I don't think you need a template you just write and ask and send the cheque but make sure you make it payable to the correct person: Marlin Financial Services.

 

Hope this helps

Aussieguy

Link to post
Share on other sites

HI AUSSIE

 

general rule to remember

 

cca request to the dca

 

S.A.R - (Subject Access Request) to the original creditor

 

dca normally have squat on you, not even an agreement

 

jakesdaddy

 

if they have the agreement, post it on your thread minus personel details

use photo bucket, its free

 

i have delt with marlin before, and a lot of agreements they handle dont come up to scratch

Link to post
Share on other sites

  • 4 months later...
  • 1 month later...

Hi there, I do hope that you can assit me. I recieved a letter from Mortimer Clarke Solicitors acting on behalf of Marlin. They say that I have an outstanding debt to 'credit acceptance' of £7155.52. I took a car out on Hire purchase 7 years ago from credit acceptance. I fell into financial difficulties, as a result of this the company came and took the car back from me. I did not hear anything from them until now. Can you advise me as to what I can do, because this does not make any sense to me.

 

Kind regards

 

Joshua

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...