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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.

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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.

Egg, DLC and SAR ?

ROSE28454

By ROSE28454
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ROSE28454

ROSE28454

Posted
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I have a sizeable debt with Egg and it is being collected by DLC. They got a Charging Order in 2008 and I am paying them a nominal payment of £15.00 per month. I sent a SAR to them with £10.00 cheque about a week ago and they cashed the cheque and today sent me a letter enclosing copy documentation of all my correspondence and phone calls with them. However they have not sent the agreement and have told me I need to write to Egg as they own the debt. Is this right as I have only being dealing with DLC all this time?

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Mistermind

Mistermind

Posted
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I believe SAR compliance covers all material stored in electronic form only.

CCA request at a cost of £1 would cover non-electronically stored agreements. Ownership and storage of such agreements can quite legitimately be separate from management of ongoing debt repayment.

 

Even there a recent court verdict ruled that manual reconstitution of an agreement from various IT records where unavoidable, constitutes sufficient compliance of CCA request. If debt enforcement is sought from a law court, only at the physcial hearing does the need arise to produce the original signed document. And even then a judge has the power to rule on enforceability whatever the state of paperwork. The judge rules.

 

 

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ROSE28454

ROSE28454

Posted
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I believe SAR compliance covers all material stored in electronic form only.

CCA request at a cost of £1 would cover non-electronically stored agreements. Ownership and storage of such agreements can quite legitimately be separate from management of ongoing debt repayment.

 

Even there a recent court verdict ruled that manual reconstitution of an agreement from various IT records where unavoidable, constitutes sufficient compliance of CCA request. If debt enforcement is sought from a law court, only at the physcial hearing does the need arise to produce the original signed document. And even then a judge has the power to rule on enforceability whatever the state of paperwork. The judge rules.

 

Ok I will dig out the card no and send a cca request with a £1.00 po on Monday. Thanks

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ROSE28454

ROSE28454

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SAR compliance - electronic form only? Are you saying it only provides info held electronically?

 

Yes it is basically copies of all phone calls between LDC and me. Interistngly enough it even mentions when they said they would only let me pay £10.00 per month if I allowed a Charging Order. I was at a very low ebb at that time and was not up to fighting. Do you think they were allowed to do that?

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ROSE28454

ROSE28454

Posted
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Posted
SAR compliance - electronic form only? Are you saying it only provides info held electronically?

 

Yes it is basically copies of all phone calls between LDC and me. Interistngly enough it even mentions when they said they would only let me pay £10.00 per month if I allowed a Charging Order. I was at a very low ebb at that time and was not up to fighting. Do you think they were allowed to do that?

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I'd send a CCA request to DLC.

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

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

They should provide you with a CCA, It's often better to send a SAR to the Origional Creditor and a CCA request to the DCA that's dealing with your debt.

 

To save any hassle, send a CCA request to EGG.

It's only going to cost £1 then they have 12 + 2 days to comply with your request.

 

Send it recorded with a £1 Postal Order, and don't sign it.

 

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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ROSE28454

ROSE28454

Posted
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Posted
Hi,

 

They should provide you with a CCA, It's often better to send a SAR to the Origional Creditor and a CCA request to the DCA that's dealing with your debt.

 

To save any hassle, send a CCA request to EGG.

It's only going to cost £1 then they have 12 + 2 days to comply with your request.

 

Send it recorded with a £1 Postal Order, and don't sign it.

 

Regards.

 

Scott.

 

Thanks I will get it off on Monday.

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  • 3 weeks later...
ROSE28454

ROSE28454

Posted
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Posted (edited)

I received a letter from Egg today enclosing my so called agreement.

It is dated 21.4.2003 and I will try to scan it in tommorow but in the meantime

1. It is not signed.

2. It does have my name on it

3. It says Approved limit

4. It says APR for cash advances is 16.3% and there is a handling fee of !.25%

5. It says nothing about default charges

6. It seems to be made from 2 pieces of paper joined together.

7. It has attached pages and pages of computer screenshots applicable to customers who applied after 01.10.2001.

 

The thing is they have a charging order which I want to dispute on a N244. What reasons can I use as per the above.

Just realised that the agreement has another side and is signed by me. Also I sent the request on 17th May and their reply is dated 3.6.10 which I think is out of time. However I just remembered I forgot to send the cheque and they had to write to me so the time limit is probably not relevant.

Edited by ROSE28454
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  • 1 month later...
  • 1 year later...
ROSE28454

ROSE28454

Posted
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Posted

I have today received a letter from Egg stating they recently sent me a letter saying that my debt has been assigned to Barclays Bank PLC. It also says that as it was being serviced by DLC in preparation for the transfer to Barclays Egg are servicing it themselves for now. Is this legal as from what I can see they did not sent me a legal CCA so can they re-assign the debt like this ??

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  • 8 months later...
AndyOrch

AndyOrch

Posted
Posted

Hi Rose

 

Yes they can assign at any time to who ever.I have never known a Court to get involved in assignments though why are the Court writing re this matter?

If you can type out the letter fro mthe Court verbatim (less any identifiable data ) lets see what they state.

 

Regards

 

Andy

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