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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.

      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.

Wrong interest rate, but solicitor won't claim.

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socleirigh

socleirigh

Posted
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Hi,

 

Before I came across this site I signed up with a Claims Management Company for four loans.

 

One of them was passed to Moon Beever Solicitors and I signed a Conditional Fee Arrangement with them for a Northern Rock loan they said is unenforceable due to an inadequate interest rate clause.

 

However, Moon Beever have now written to say that a technical point has been raised in defence of similar cases, which provides the Court with discretion as to whether to enforce or not, and Counsel advises that the court is unlikely to exercise discretion in my favour, and thus the ATE has been withdrawn and they cannot therefore issue proceedings.

 

I've read on CAG that we shouldn't claim anyway, but rather let creditor make a claim and then defend, as defending is easier.

 

I have attached a copy of the agreement below.

 

Should I now negotiate with Northern Rock a reduced payment (outstanding balance is over £16k and total unsecured debt is around £70k), or should I wait to see if they ever claim and try to get a better deal at that stage?

 

Regards

socleirigh

Northern Rock CCA.pdf

Regards

socleirigh

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davey77

davey77

Posted
Posted

bumping ...

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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socleirigh

socleirigh

Posted
  • Author
Posted

Moon Beever solicitors have advised that they have sent the file back to the Claims Management Company (Clear Your Finance) to check whether there may other grounds on which to claim.

 

I have been trying to contact Clear Yopur Finance daily but always get a "user busy" message. I have even phoned at 11.00pm and still get the same message. I am starting to think that they no longer exist and I have lost £900 having three agreements audited by them last year.

 

I still haven't heard from Northern Rock since the solicitor withdrew the claim, but expect that I will hear from them soon.

 

Regards

socleirigh

Regards

socleirigh

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davey77

davey77

Posted
Posted

The website for clear your finance doesn't seem to be working (if we are talking about the same one).

 

Perhaps contact trading standards and ask them to confirm the company's current status?

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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socleirigh

socleirigh

Posted
  • Author
Posted

Hi davey77

 

the website was working as recently as last week, as I had to check I was dialling the correct number, but you-re right its not working now, which adds more weight to my thoughts that they no longer exist.

 

I will contact trading standards as you suggest to see if they are still trading. Thanks for this idea.

 

Regards

socleirigh

Regards

socleirigh

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