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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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    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

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    • pralink
      PRA Group Claimform - old Barclaycard

      By pralink · Posted

      Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
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      Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  

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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.
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I just got a summons from a US court for a UK credit card debt - please help ! **case dismissed**

ukdebtinus
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ukdebtinus

ukdebtinus

Posted
Posted

Its been a very bad day at the office, please, please help if you can !!

 

The history...

 

I defaulted on my UK Barclaycard cc after moving to US (default notice dated Feb 11th 2005 according to US DCA).

 

Around 6 months back Cedar Financial, a California-based DCA started calling and writing to me. I told them (verbal only) that I did not acknowledge the debt. They then sent me a photocopy of my original UK agreement with Barclaycard and the typical demand for payment which I ignored. A few weeks back I received a letter from a Massachusetts (MA) attorney (state where I work) also the typical DCA demand letter with the reply in 30 days or else statement. They called and I told them the same thing I told Cedar. A few days later I received another letter saying that they have advised Cedar to sue. This letter was sent well before the 30 days had expired from the prior demand and was obviously done because the statute of limitations expires very soon.

 

Today at my office, I was served a summons by the local sheriff's dept to appear and answer a suit placed by the local law office in MA on behalf of Cedar, who claim to be representing International Credit Registry (Canada-based)/Barclaycard. I spoke to a MA lawyer to whom I suggested we file a motion to dismiss because juristiction is lacking and he told me I was ahead of him in terms of expertise and advised I try to settle, especially as litigation costs could be high. My main concern is not having my US credit destroyed by a debt-based suit and all the crap that could along with that (liens and wage-garnishment). There is also the concern that the US district court will not properly understand the nature of this suit (the plaintiff neglected to state this was a UK debt on the complaint).

 

Can anybody advise on how I can defeat this ?

 

Thank you for any assistance - I really need it.

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MARTIN3030

MARTIN3030

Posted
Posted

Welcome to the site.

I am not personally up on this side of things,but we have some good people here who may know what options are open.

Can you confirm whether you got the default notice or believe it was served in accordance to CCA ?

How much was the arrears ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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cerberusalert

cerberusalert

Posted
Posted

They are more than aware that there are no reciprocal agreements between the US and the UK and are trying to circumvent the fact that a US court does not have the jurisdiction to hear the action. By the sound of things there must be a reciprocal agreement between Canada & the US & Cedar are trying that route.

 

Obviously it is a UK debt not a Canadian one & this must be brought to the attention of the judge.

 

Unfortunately I can't advise on US law but if you follow the link in the post above there is another link to another US forum who may have the expertise to help.

 

If you check the terms and conditions in your agreement you will find that there is a clause which states that the agreement is subject to UK law,

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ukdebtinus

ukdebtinus

Posted
  • Author
Posted (edited)

Thank you all your comments.

 

The only details I have are the letter of complaint/civil action summons - which contained no mention of any CCA, only stating debt owed to International Credit Registry/Cedar etc. I did receive a default notice in 2005, but it was sent regular mail from Barclaycard - so they have no proof of receipt. The debt is stated at over $9k + interest/costs.

 

Do you think I can counter-sue them for knowingly wasting mine and the courts time ?

 

I have followed your advice and posted on the US forum, I'll report back with my results in case it helps others in a similar position.

 

Thanks again.

Edited by ukdebtinus
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ukdebtinus

ukdebtinus

Posted
  • Author
Posted
Probably yes, also you should check the Statute of Limitation for the State you live... some are only 2 years others are six.

 

I live in CT, but joint-own a business in MA - they are suing in MA where the SOL is 6 years (as is CT), ie. due to expire on Feb 11th 2011, which I guess is why they filed suit a few days back.

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BlueRaider

BlueRaider

Posted
Posted

I was told by the National Debt Line in the UK that going the UK-Canada-US route was a possibility for DCA's/Creditors for United States residents. However from my understanding this would require a CCJ in the UK for which I don't think the OP has mentioned yet.

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cerberusalert

cerberusalert

Posted
Posted

There are reciprocal agreements between the UK & Canada yes & they would need to obtain a CCJ in the UK first to be able to do it legitimately, however they cannot do that against a non-UK resident. Even if they could the cost would be phenomenal and that route would only be taken if they were chasing many tens if not hundreds of thousands.

 

It seems as if they are testing the water with a US court to see how they can circumvent the legal system in the hope they've found a loophole and that the US judiciary are ignorant of jurisdiction. .

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citizenB

citizenB

Posted
Posted
[charliesheen] Winning ! [\charliesheen]

 

The case was dismissed before reaching court.

 

Thanks for all of the input.

 

ukdebtinus, yes please can you give more details as this will help us help others who may well find themselves in this situation.

 

:)

 

cool, what reason did they give ?

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ukdebtinus

ukdebtinus

Posted
  • Author
Posted

I would love to give full details, but part of the settlement was that no details would be released...they met my demands and as such I must respect the confidentiality clause (sorry).

 

As a general comment, make sure that you read the Fair Debt Collection Practices Act very well (I don't have url posting privleges, so go to the US FTC website to read) as you may find numerous instances where people act outside of this federal law - and federal law supercedes state law in this instance...and always reply to a legal complaint - many times people don't and will end up with a default judgement against them.

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citizenB

citizenB

Posted
Posted

Confidentiality clauses are quite common, so we wont press for more details :)

 

Many thanks for responding.

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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

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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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BrokeBob

BrokeBob

Posted
Posted

From the US:

 

First, for people in danger of getting sued in the US, the advice to look up the FDCPA (Fair Debt Collection Practices Act) is VERY wise. Let's just say I've had several cases dismissed in the US, and I cannot give details due to non-disclosure agreements.

 

Second, for people living in the US, I want to give the same advice I gave on the original thread: look at the web site:

 

http://www.debtorboards.com/ (I cannot post links now. Look up debtorboards on the USA Google!)

 

This site will give LOTS of advice about statutes of limitations, FDCPA, FCRA (Fair Credit Reporting Act) and arbitration provisions. This is stuff I have used to make a lot of alleged debts (I won't admit them!) disappear.

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