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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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      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.

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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.

AK Claimform - MBNA card 'debt'

MeeBroke

By MeeBroke
in MBNA

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vint1954

vint1954

Posted
Posted
Well, on the same day I received a letter from AK's legal chaser giving me 14 days to respond and also a letter from AK asking me for a copy of the defective DN.

 

Now, shouldn't they have a copy of this doc already? Should I be weary of supplying them with one, seeing as that everyone involved in this situation thus far have shown a perchance for dishonesty and deception-including fabricating documents etc.

 

Or should I write to them telling them to take it up with MBNA?

 

I did not supply a copy of the faulty DN until it got to court.

 

It is enough to describe it to them, states full ballance due, no option to settle arrears, and clause 8f which seeks to deny the debtor any chance to obtain a time order, all of which is contrary to s78. You can explain that you do not have copying facilities at present. Also that MBNA need to be able to provide accurate copy documents. I think that comes under copy documents regs.

 

Indeed, tell them that they need to obtain an accurate copy from MBNA.

 

Have a good read of Harrison v Link and the Brandon v Amex appeal case.

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vint1954

vint1954

Posted
Posted
in court I had a copy of DN the other sides solicitor did not due to the OC had not passed latest info to him, I was using the latest court case published regarding faulty DN not being Deminus I had to give him my copy (only at this stage - he did not have time to study -great) wish I had got it back from him but slipped my memory as the case is on going.

 

How did that case turn oput Mike.

 

Vint

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Old Cogger

Old Cogger

Posted
Posted
How did that case turn oput Mike.

 

Vint

 

it hasn!t yet, the DJ suspended the case subject to awaiting FOS complaint in progress (still is ), as the solicitor pointed out to the DJ that the set aside I was applying for was under the wrong CPR rule, other than that I nearly had it in the bag at that stage, still since then found out HSBC admit cannot find a CCA1974.

:mad2::-x:jaw::sad:
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Old Cogger

Old Cogger

Posted
Posted

you have an argument/or counterclaim in as much that under section 61 (3), a court cannot form judgment on the case, = the alledged debt is still there but unenforceable (Note:- pre 2007 agreement apply), yet some DJs try to interperate section 77/78/79/ so you would have to be alert to the actual legislation, they and solicitors try to bamboozal you with possibilities but at the end of the day you would bring to their attention the relevant section 61 (3).

:mad2::-x:jaw::sad:
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Old Cogger

Old Cogger

Posted
Posted

Keep the actual CCA1974 ruling in copy just in case a DJ tries to bluff you if it comes to that. also follow other peoples threads on the subject on here always gives you the idea of how it affects you & others.

:mad2::-x:jaw::sad:
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vint1954

vint1954

Posted
Posted
Keep the actual CCA1974 ruling in copy just in case a DJ tries to bluff you if it comes to that. also follow other peoples threads on the subject on here always gives you the idea of how it affects you & others.

 

Also you need to remember that s78 information needs to be provided in one go, not piecemeal over time. The wording states "Together with"

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Old Cogger

Old Cogger

Posted
Posted
Hi folks

 

It must be getting close to Xmas as they're having a go again- they always do at this time of year.

 

Received a letter from a new solicitor giving me another 14 days to respond or threatening to 'issue court proceedings'.

 

Let me guess from : - chivers easton brown ltr dtd 14/11 posted 19th/11 rec!d to-day??

:mad2::-x:jaw::sad:
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Dotty50

Dotty50

Posted
Posted (edited)

Who has issued the claim MeeBroke?

 

I've had two claims issued so far (not MBNA) and have defended successfully, both with loads of help on here and another with a bit of professional help as it was closefully followed with one for my OH (same claimant) so it was going to be difficult to cope with two at the same time!

 

I don't know what the current advice is on here because I don't spend as much time reading threads as I used to but I am sure you will get help, as I did.

 

It might be an idea to start a new thread in the legal forum, with a brief about what's happened so far and go from there, also get reading some recent threads where claims have been issued, especially by the same claimant so that you get an idea of their tactics!

 

If you start a new thread, put a link to it from here so that any previous subbers can keep up to speed.

 

Just be conscious of dates for submitting otherwise you will get a judgement by default. The first thing do do is acknowledge the claim (AOS) which you can do online. I think you have 14 days for this, I'll re-visit my thread to check but someone else will probably get here sooner to confirm it!

Edited by Dotty50
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Dotty50

Dotty50

Posted
Posted

Here are the timescales, courtesy of anyorch, he is one of the legal experts on here and I am sure will help you.

 

The N1 33 days ( 5 deemed served ) 28 days (14 to AoS) and if defending ( a further 14 to submit your defence)

 

I will offer any assistance if I can but obviously mine were from a while ago and I don't know whether things have changed and a lot can depend on how aggressive the claimant can be.

 

So let us know who it is, search for them in the legal forum, you will almost certainly find others with the same claimant.

 

The other thing I would say is that many claims are issued on the basis that the claimant expects to get a default judgement, if a defence is put in that will initially stop them in their tracks and you MAY not hear anything more but you must be prepared if they do pursue it.

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MeeBroke

MeeBroke

Posted
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Posted
Here are the timescales, courtesy of anyorch, he is one of the legal experts on here and I am sure will help you.

 

The N1 33 days ( 5 deemed served ) 28 days (14 to AoS) and if defending ( a further 14 to submit your defence)

 

I will offer any assistance if I can but obviously mine were from a while ago and I don't know whether things have changed and a lot can depend on how aggressive the claimant can be.

 

So let us know who it is, search for them in the legal forum, you will almost certainly find others with the same claimant.

 

The other thing I would say is that many claims are issued on the basis that the claimant expects to get a default judgement, if a defence is put in that will initially stop them in their tracks and you MAY not hear anything more but you must be prepared if they do pursue it.

 

Aktiv Kapital

 

Unlawful rescission and faulty DN

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HP Mum

HP Mum

Posted
Posted

Evening

Please read my old thread : URGENT HELP NEEDED - Halifax CC Claim received

 

This will take you through all the steps I took, with huge help from others here to help explain what it all meant, with a very positive end result

 

In brief, I received a N1CPC form from Halifax, they had not attached ALL the correct information with the form. This meant I could follow a legal process using the CPR31.14 Request and CPR18 form - to contest the claim. They have to provide all documents within a period of time - 14 days. They gave up.

So do read my thread - it is only 5 pages and will very definitely hold your hand through this process

All the best and good luck

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