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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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    • jk2054
      Evri lost 2 parcels approx. £600 (part 2)

      By jk2054 · Posted

      Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • jk2054
      Santuary Housing

      By jk2054 · Posted

      I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week

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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.

Marlin Pondlife

Exclus

By Exclus
in Debt Collection Agencies

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Exclus

Exclus

Posted
Posted

Hello All,

 

Last year I had a CCJ against me by HFC for a Marbles credit card, and they then went for a charge on my house. I was helped by a CAG member, but they managed to get the charge earlier this year. I have since been paying an amount monthly to the solicitors account that acted for HFC as per the agreement I arranged in court. A couple of months ago something told me to once again get a copy of my agreement to see if there was any discrepancies that I could use in any way. I had to ask a couple of times, but eventually HFC sent on the copy agreement by recorded delivery.

 

Shortly afterwards I received a Notice of Assignment from Marlin Financial Services saying that they had acquired the assignors rights of this agreement, and they have been pestering me ever since by letter and phone. I have not made contact with them at all up to now.

 

I think that HFC have unknowingly passed on my account details to these pondlifes by mistake, as this has already gone through the courts system, and now Marlin are pursueing a debt they think is still 'current'. If this is not the case then is it legal for them now to be pursueing me as I already have an arrangement in place.

 

I would like to try to turn this to my advantage in some way, so I would like any ideas of what to do, or who to report them to.

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PGH7447

PGH7447

Posted
Posted

tell marlin that this debt has already got a ccj on it from HFC and that you will only abide by the letter of the court on the amount you were instructed to pay and if they dont like it tough, and that until told/informed by HFC you will not be paying them Marlin anything

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OnMyWayOut

OnMyWayOut

Posted
Posted

It's not a mistake - they have done this to several other people already. They get a charging order then sell the debt on to Marlin - absolutely disgraceful behaviour. Don't make any changes to your payment arrangements without being told to by the court or at least by HFC.

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Exclus

Exclus

Posted
  • Author
Posted

Surely it cannot be right that HFC can keep a charge on my house AND assigne the debt to another company, because they would then be getting the debt paid twice!

 

Is there a body that I can make a complaint to about this, or should I just tell Marlin to go away as advised by PGH 7447

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katakana69

katakana69

Posted
Posted

Hi, I am in a very similar position. I was taken to court by HFC/Marbles & had a forthwith judgement made followed by a charging order. The amount I am paying to Restons, their solicitors was agreed by them & not a judge or court. I have not missed a payment but a couple of months back I received a letter from Marlin/Phoenix stating that as of May, another couple of months prior they had become administrators of the account. I read that I should have received a letter of assignment from the original creditor prior to this & that if I hadn't then I should ignore Marlin & continue paying Restons. I have today received a third letter stating that again all payments should now be made to them & also that they would be taking legal action against me. Surely they cannot take me to court for the debt if I already have a ccj & co. I want to write to them to request a copy of my original agreement. HFC couldn't provide one first time around & I dont know if it would be beneficial anyway. On the other hand I dont actually want to make any contact or acknowledge them. Any advice? Thanks in advance.

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sillygirl1

sillygirl1

Posted
Posted

Write a letter to the court informing them that they are in breach of the CCJ regulations and that you want the case reheard in light of the evidence (selling on a debt and not informing 3rd party of existing CCJ) You could have grounds here for a complete set aside and removal of the charging order.

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Exclus

Exclus

Posted
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Posted

I'm going to keep paying monthly installments to the solicitor rather than Marlins, and take sillygirl1's advice and write to the court to see what they think of this disgraceful behaviour.

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katakana69

katakana69

Posted
Posted
Write a letter to the court informing them that they are in breach of the CCJ regulations and that you want the case reheard in light of the evidence (selling on a debt and not informing 3rd party of existing CCJ) You could have grounds here for a complete set aside and removal of the charging order.

 

Sillygirl, Many thanks for the advice. I am going to write to the court in the next couple of days. Just want to read up a bit more on the regulations surrounding the CCJ that you mention so that I have all of my facts in place first. Will keep you updated on any progress I make.

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