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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

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      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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      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.

Blackhorse car finance Help!!

pascha

By pascha
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pascha

pascha

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Hi there. My partner bought a Ford Focus last Feb for 4000 i think. He got the finance through Black horse. We hit financial trouble last year and came to an agreement with Black horse to reduce the monthly payments from 133.12pcm to 80.00 via a payment book. They gave no time limit to this agreement.

Then January 09 he got a letter from solicitors, he rang black horse who said the agreement was only temporary. He explained he was still not in a position to up the payments just yet. The girl said she would ring back this month to review with him and take it from there. Today he had a phone call from another person saying that they want him to go to a meeting with them tomorrow to discuss his payments.

 

CAn you help with this?

my understanding was theyt have to take you to court first to assess your repayments before taking the car. He is paying all he can afford at the moment. He missed one payment last year but caught up with that and then made this agreement which he has not faulted on.

 

Any advice?

 

Thanks

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Markiemark1

Markiemark1

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Presuming that the finance agreement is Conditional Sale or Hire Purchase, then if the total amount paid is less than 1/3 of the total amount payable then they can repossess without a court order (providing the vehicle is not on private property etc etc) upon the expiry of a Default Notice.

 

I'd probably go to the meeting if I was him, but perhaps it would be wise to attend by public transport. Has he received a valid NOD?

 

RM

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Markiemark1

Markiemark1

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Posted

NOD is a Notice of Default. Sorry, should have made that a bit clearer. In proportion to the total amount payable, how much has been paid. If it's over 1/3 they will need to get a Return of Goods Order through the Court.

 

In any event your partner could apply to the court for a Time Order to give him time to pay the agreement.

 

MM

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pascha

pascha

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No he hasnt had that. He has never missed a payment. Only one which his mum gave him the money to catch up. They said that all the time he is paying 80 pound which they said he could, he was falling behind and this would only be temporary. Troubl ei s, they never said it was temporary when he made the agreement with them. They sent him two payment books to keeop hoim going.

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Markiemark1

Markiemark1

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Yes, if the Agreement is regulated and there is a breach (i.e. the debtor stops paying) then there has to be a notice served specifying what the breach is, and providing its one that can be remedied (i.e. by making payment) then specifying the time in which the debt can be remedied. Can't repo until expiry of the Default Notice.

 

Mark

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