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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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Bank denying rcpt of CCA yet credited a/c with £1 !

Undercover-Elsa
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Undercover-Elsa

Undercover-Elsa

Posted
Posted (edited)

My bank has denied receiving my CCA request, yet has credited my C Card with the £1. The request was sent recorded and the PO was stapled to the letter!

Is this one of their usual tactics?

Any opinions on the best response appreciated. (Keep it clean! :))

Many thanks,

Elsa x

Edited by Nurse-Elsa
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count orlok

count orlok

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I beleive in theory can do what they want with the money, unless you specifically said the fee was for the request and not to be used for anything else. The fee is only the max they can charge, there is nothing to say they can't do it for free. The facts are you can prove they had the request. Not only can you prove they got the letter by the recorded delivery, you can also prove they got it because they cashed it. only problem is they could use it to start the clock running again on a soon to be statute bared debt.

 

It is quite common for creditors to pay the money off the debt.

 

They can deny they have received request, but when it comes down to it, it makes no difference what they say. They HAVE received it and if they don't produce it they are in default.

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NailPost

NailPost

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They can't use the quid to reset (or even restart) the clock on a statute debt, especially if the letter makes clear that you are making a CCA request. You are entitled to do this even if the matter is not in dispute and you are up to date with payments. Pointing this out to Halifax should be sufficient to get them to back off. If Halifax have palmed this off onto a debt collector then you may have some difficulties - it all depends if the person opening the letters that day has brought his braincell to work.

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Undercover-Elsa

Undercover-Elsa

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Hi,

thanks to you both. No its not gone to a DCA yet, nor have I received a DN, but no payments made for about 4 months. The CCA was received by them on 4th March so the account is now in dispute. Do I have to officially notify them of this or is it an automatic fact?

Thanks again,

Elsa x

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Undercover-Elsa

Undercover-Elsa

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Thanks Cerberusalert..

Good job I referenced everything as per advice on here! :)

 

A hypothetical question... if they issued a DN for the arrears amount whilst the account is in dispute... and subsequently terminated the account on the back of the DN...

Since the DN would presumably be void as issued while the account was in dispute...would the hypothetical creditor only be able to chase the alleged debtor for the arrears rather than the full amount, since the account was terminated? :rolleyes:

Just a thought..hypothesising you understand.

Elsa x

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cerberusalert

cerberusalert

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A hypothetical question... if they issued a DN for the arrears amount whilst the account is in dispute... and subsequently terminated the account on the back of the DN...

Since the DN would presumably be void as issued while the account was in dispute...would the hypothetical creditor only be able to chase the alleged debtor for the arrears rather than the full amount, since the account was terminated?

 

Yes ;)

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Undercover-Elsa

Undercover-Elsa

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Update: Got another letter in later post ignoring CCA and threatening doorstep visit..even though I already sent the the no visits letter and threatened a formal complaint over the conduct of the first one they sent. Sigh. Might as well write to Santa.:rolleyes:

Best hurry up and send the account in dispute letter. Presumably must be by Recorded?

Elsa x

Edited by Nurse-Elsa
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diddydicky

diddydicky

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perhaps you could write to them and point out that having disputed the account etc and requested no personal visits , that they advise you the date and time their representative will be attending as you wish to arrange to have a policed presence to report an offence of demanding money with menaces!

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palomino

palomino

Posted
Posted
Hi,

thanks to you both. No its not gone to a DCA yet, nor have I received a DN, but no payments made for about 4 months. The CCA was received by them on 4th March so the account is now in dispute. Do I have to officially notify them of this or is it an automatic fact?

Thanks again,

Elsa x

 

No, it's not in dispute, it's in default.

 

If you want to dispute the matter you have to write and tell them you are doing so.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Undercover-Elsa

Undercover-Elsa

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No, it's not in dispute, it's in default.

 

If you want to dispute the matter you have to write and tell them you are doing so.

Thanks everyone, and thanks for clarifying that Palomino,

This begs the question: is a Statutory Default Notice valid if issued while the account is in default for non production of full CCA request docs? (regardless of whether I have written yet to place account in dispute).

Many thanks,

Elsa x

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