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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.

      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
    • Post in Some advice on buying a used car
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      • 2 replies

notranati....Help with First Trust please


notranati
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Hi good people of the forum,

 

I write to you in distress... I got into debt with first trust back in 2004 and started to fall behind on my loan repayments and my current account fell into the red because of the bank charges for letters etc. I couldn't pay back the money I had borrowed and defaulted in 2006, like a lot of people I put my head in the sand hoping they would go away. They didn't. I went to citizens advice and they sorted everything out for me and the bank, as far as I am aware, agreed to freeze the interest and agreed to a repayment plan that I could afford.

Last year I wanted to get things sorted so I rang FT and they said that my debt was £375 I couldn't pay it then and I also had other debts that were bigger and needed paying off first so I left it knowing that the repayment plan was still in effect. I rang FT the other day to finally pay off the debt and got rather a nasty shock. They are claiming that I now owe them £1404??? My 'account manager' also said that the account is also gathering interest???

 

I am confused and worried, could this be right?

Unfortunately I did not get written confirmation last year of the amount I owed them and they are saying there is no 'record of the conversation'.

I am going to write to them and ask for all my statements. I just don't understand how the debt could have risen so high, could it be fraud?

 

If any one has any advice I would be truly grateful.

thanks in advance

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Hello and Welcome, notranati.

 

I'll move your post and mine to start a new thread to the appropriate Forum.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

You could use this Subject Access Request, send it with a £10 postal Order, recorded.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

This should let you know the score regarding charges that have been added ect, you should then think about claiming these charges back.

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

Hello again,

 

So I wrote to First Trust using the template letter and sent it 42 days ago by recorded delivery. I have not received anything back from them, so I am just wondering what the next step will be?

Your help is very much appreciated.

Thanks

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 3 weeks later...

Hi, I finally got my documents through from the bank. However the statements only go up to April 2009. So I am missing May June and July, I will send another letter telling them this using template 2 (provided by the forum). Also there is is a note of interest charged attached for the period of March 2009 to April 2009 of £200????? and it has a dollar sign in front. I am somewhat confused and worried about the amount of interest in one month!

 

I am going to go to Citizens advice about this.

Please help!!!!

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