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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

      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.

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      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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      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.

car i paid cash for welcome want money from me?

jomac1

By jomac1
in Welcome Finance

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jomac1

jomac1

Posted
Posted

i bought a car for my partner in april this year , having had the car checked it appeared that there was finance outstanding on the car , i rang welcome to inform them that we now owned the car, to which they told me the previous owner had failed to keep up the payments and it would cost me £100 to remove their intrest from it can they really do this???

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T2upNorth

T2upNorth

Posted
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Hi

 

Here is a an extract from the TS:

 

Used cars - consumer rights

 

 

You can also expect the seller to be the owner or authorised by the owner to sell. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try to get your money back from the seller.

The Consumer Credit Act 1974 gives ‘good title’ (ownership) to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous unpaid hire purchase or conditional sale agreement. This means that the finance company, which is claiming the money, cannot usually repossess the car against your will.

For advice on this you should contact Consumer Direct. Telephone: 08454 04 05 06.

 

 

 

Did welcome say what the £100 relates to? ie. is it the total outstanding finance, the final option fee or something else?

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  • 2 weeks later...
minus-millions

minus-millions

Posted
Posted

I learned only recently from the TV that finance agreements over 6 years old are automatically void , but it is common for finance companies to seek a minimal payment thus reactivating the loan and making the payer responsible for the entire outstanding amount . So question the dates involved .

 

Could you tell me how i can post letters on here that i have scanned into my computer please ?

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T2upNorth

T2upNorth

Posted
Posted

Hi. It sounds like a Welscum Welscam - £100 in the back pocket for updating te records. I'd get a second opinion from Consumer Direct, unless any other CAGgers have experienced this...

 

minus-millions - go to photobucket, create a free account (being economical with personal info) - then upload the images. You can then copy the links and paste here.

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T2upNorth

T2upNorth

Posted
Posted
I learned only recently from the TV that finance agreements over 6 years old are automatically void , but it is common for finance companies to seek a minimal payment thus reactivating the loan and making the payer responsible for the entire outstanding amount . So question the dates involved .

 

Could you tell me how i can post letters on here that i have scanned into my computer please ?

 

 

I'm not sure how true that can be - sure a minimal payment within the stat bar period would reset the clock, but only if made on behalf of the original debtor. They can not transfer the agreement to a third party without that parties consent, which would also require a new agreement being signed by the new owner.

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minus-millions

minus-millions

Posted
Posted

Why not just get a HPI check on your car ebay and which car , parkers online all offer this service quite cheap , i just done a quick search for you and came up with this HPI Check and FREE Car Data Check it claims to be free but i don't have a number to enter ?

 

At least you will then know if they are telling you the truth .

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T2upNorth

T2upNorth

Posted
Posted
Why not just get a HPI check on your car ebay and which car , parkers online all offer this service quite cheap , i just done a quick search for you and came up with this HPI Check and FREE Car Data Check it claims to be free but i don't have a number to enter ?

 

At least you will then know if they are telling you the truth .

 

 

Good point minus-millions.

 

Just checked (pardon the pun!) the link you posted, it costs 19.99 for the finance info. I believe the RAC are doing it for 9.99 and there are probably cheaper ones to be found. I suspect there will be a marker though - Welcome are very quick and dilligent at adding markers - but very slow at removing them.

 

But I would still look at getting advice on this - it looks like they are not chasing a debt but are trying their hand by, essentially, hostaging your car from future sale.

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jomac1

jomac1

Posted
  • Author
Posted

have hpi checked the car this is how i found out about the finance outstandinng think will look at consumer direct , just dont see why i should have to pay a finance company for a car i dont have finance on

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  • 1 month later...
labrat

labrat

Posted
Posted

this is missleading they can still charge you for any outstanding money, would NOT recomend selling or scrapping car

 

also reported to site administrators

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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