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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

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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.

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      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.

Co-op Dn & Termination

molly13

By molly13
in Cooperative Bank

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Pinky69

Pinky69

Posted
Posted

Phew! I am glad they terminated early! Sorry about the error. I know about the change to 14 days and didn't pay enough attention to the date on the DN. I have given myself a hard slap!:oops:

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pompeyfaith

pompeyfaith

Posted
Posted

ditto pinky

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 4 weeks later...
molly13

molly13

Posted
  • Author
Posted (edited)

Flaming Nora!!!:eek:

 

Now look what they've sent..

 

"no further recovery action was taken until July 2006"

Well what is the termination notice dated 6 May2006 then?

 

"I am satisfied that we have allowed more thn adequate time for you to satisfy the default":confused:

 

Now what? I guess we put the account in dispute?

 

Any thoughts on this please?

 

Thank you in advance

 

 

coop003.jpg

 

 

 

coop004.jpg

 

 

Regards

 

Molly:-)

Edited by citizenB
unjumbled images :)
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citizenB

citizenB

Posted
Posted
Sorry got the pics in the wrong order again

 

 

sorted:D

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citizenB

citizenB

Posted
Posted

You may want to pm the following caggers who will be able to assist on this...

 

diddydicky , vint1954 and Elsa..

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

You rang? :)

 

Wow. That's a spectacularly pathetic response!

Doesn't make one iota of difference how long they waited to set the dogs on you. They committed repudiatory breach of agreement at the point they sent that Termination Notice. You have accepted their repudiation, thus the agreement has been rescinded, relieving both parties of further obligation under the agreement, except for arrears due at the time which can be counterclaimed as damages for the breach.

 

Let's get some other comments then we'll draft you a letter. :)

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Pinky69

Pinky69

Posted
Posted

Absolutely correct - the agreement has been rescinded and now all they can claim are the arrears. They did it to me too. They don't realise what they have done because they don't know one thing about consumer law - I have some spectacularly stupid letters form them. Your dispute is now that the agreement has been rescinded - and don't tell them they can ask for arrears. They don't know that either.

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molly13

molly13

Posted
  • Author
Posted

Hi all,

 

Thank you citizenB, undercoverElsa and Pinky69.:)

 

It seems to me that in their response, they have not even acknowledged that the termination letter exists. And they've got the dates wrong???

 

The letter I sent them was the one in #22 by Undercover-Elsa, and thank you for that:)

 

I have sort of been drafting a letter this afternoon, but I feel it is a waste of time trying to tell them the same things again. Do I send them copies to prove what they've done?

Thanks again.

 

Regards

Molly:-)

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Pinky69

Pinky69

Posted
Posted

I didn't bother Molly - you would be wasting your time. After I told them the account had been unlawfully rescinded I ignored them. It went to 2 DCAs then I never heard about it again. There are defaults on my credit records which are currently with the ICO, where there is quite a backlog. However, the entries don't bother me as I won't be applying for credit.

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molly13

molly13

Posted
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Posted

Hi Pinky,

 

The account is already with DCA, but it will be put in dispute on Monday.

 

After all, my husband has been paying them token payments since 2006, so I reckon the arrears are already paid off:D

 

Thanks again.

 

Regards

 

Molly:)

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  • 3 weeks later...
molly13

molly13

Posted
  • Author
Posted

Hi,

My husband has now received a further letter from the Co-op,much the same as above, but this time it's a final response with the FOS leaflet enclosed.

 

They are still saying that the full amount is outstanding. The person writing seems to not understand, regarding the Termination!

 

What shall we do? Write to the Co-op pointing out Default sections in CCA1974 to them or just complain to FOS? Or shall we just ignore them?

 

Has anybody got any ideas please?

 

Thanks

 

Molly:)

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Undercover-Elsa

Undercover-Elsa

Posted
Posted

Hi Molly,

I don't personally think FOS would help.

Either ignore, or if you want to be pro-active, write back something on the lines of:

 

In response to you letter of xxxxx you clearly fail to understand the basics of the Consumer Credit Act 1974 in respect of Default Notices. It is not my place to educate you, but in brief, you terminated the account without adhering to the (strictly defined) terms of the Default Notice, it is therefore irrelevant when you chose to start enforcing the debt, since by terminating the agreement you immediately and unlawfully removed any option to remedy the breach and return the account to normal-the whole point of issuing a Default Notice.

Furthermore, by terminating the account without going through the correct procedure you also committed repudiatory breach of contract, which I have elected to accept hence both parties are relieved of their obligations under this agreement.

I trust this clarifies my position.

Yours faithfully,

Molly

 

Added to that, should they attempt Court Action, I'm pretty sure you could apply for a strike out on the basis of the premature termination..as they wouldn't have right of action...but keep that under your hat.

Elsa x

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molly13

molly13

Posted
  • Author
Posted

Hi Elsa,

 

Thank you so much for that. I'm very grateful for your help.

We'll have a think about the next step, but I get really frustrated when they start playing games like this. I just feel like I want the last word, as it were.:)

 

Thanks again.

 

Regards

 

Molly:)

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  • 1 month later...
molly13

molly13

Posted
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Posted

Hi

sorry about delay ltc. Which DCA was yours?

I just sent them account in dispute letter and referred them to the Co-op. They have now returned the account to the co-op.

I sent the Co-op the above letter from Elsa and all I got back was "all further letters from you will be filed unanswered." Great, really helpful ..not. Still waiting for their next move though.

Just stick to your guns ltc. Good luck.

 

Regards

Molly:-)

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citizenB

citizenB

Posted
Posted
Hi

sorry about delay ltc. Which DCA was yours?

I just sent them account in dispute letter and referred them to the Co-op. They have now returned the account to the co-op.

I sent the Co-op the above letter from Elsa and all I got back was "all further letters from you will be filed unanswered." Great, really helpful ..not. Still waiting for their next move though.

Just stick to your guns ltc. Good luck.

 

Regards

Molly:-)

 

That type of response is quite juvenile isnt it ? IMHO, it proves to me that they realise they are in the wrong.. appreciate the hole they have dug is deep enough and are now being careful of committing themselves to a statement that could make matters worse .. for them. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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