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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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    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      wont go near it with a barge pole as its ex gov't debt.  
    • dave024
      Erudio/SLC

      By dave024 · Posted

      Thanks, I've had my fill of this lot. What makes me so mad is that I had to take out student loan to get any DHSS help. And then when I tried to help myself and family they presented obstacles. Might be worth passing story to RIP off Britain?
    • dx100uk
      Another P2G / EVRi Lost Parcel Claim

      By dx100uk · Posted

      there is NO exposure if you simple remove your name address/ref numbers etc from docs, over 10'000 pdf uploads are here. which then harvests IP addresses off of the people that then do so..which is why we do not allow hosting sites. read our rules and upload carefully thats exactly why we say capture as JPG, redact, then convert/merge to one mass PDF. then online sites to achieve that we list do not leave watermarks.  every once in a while we have a user like you that thinks they know better...we've been doing it since 2006 with not one security issue. thank you.
    • dx100uk
      Link/Kearns Claimform - old Barclaycard debt - Now N244

      By dx100uk · Posted

      was at the time you ticked it  but now they've still not complied . if you read up, here , you'll see thats what everyone does,  
    • dx100uk
      Erudio/SLC

      By dx100uk · Posted

      no they never allow the age related get out, erudio are masters at faking supposed 'arrears' fees which were levied before said date and thus null its write off. 1000's of threads here on them!! scammers untied that lot. i can almost guarantee they'll state it's not SB'd too re above, but just ignore them once sent. dx    

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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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Trouble with Cabot & Statute Barred Debt

katy2558

By katy2558
in Debt Collection Agencies

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katy2558

katy2558

Posted
Posted

Hello

 

My husband has been receiving letters from Cabot Financial for the last 3 years regarding a old debt which he believes has been paid off in full (however he was young when he got into debt and didnt keep any of the old letters or statements to say that the debt had been fully paid).

 

My husband believes the debt was paid off in 2000 so this would make the debt statute barred as far as we understand... we sent a letter to Cabot to state that the debt was statute barred however they have responded to say that this is not true as a £35 payment was made on the account in 2007!!

This is not true and if it is, we didnt pay it!!

 

Please can somebody help me with what i should do next??

I guess the next step should be to respond and ask Cabot to provide the payment details?? Does anyone have a template for the next letter which i should use?

 

Many thanks

Katy

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silverfox1961

silverfox1961

Posted
Posted

Thread moved to Debt Collection Industry.

 

Hi and welcome to CAG.

 

I would be putting them to strict proof that a payment was made in 07. (When, Where and by what means)

 

There is also the issue that IF this account was paid off in 2000 and for some reason a debt was created, it would still be SB by 2007

 

Sending a SAR to the original creditor may be futile as they only have to keep documents for 6 years after the account is closed (please don't say it's Citi)

 

I would be worth getting copies of your credit file to see if anything is on there.

If nothing shows, think about a SAR to the credit reference ageny. This 'might' get back the details of when a default was issued (if at all)

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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katy2558

katy2558

Posted
  • Author
Posted

Thank you for your replies so far!

Please can you confirm what a SAR is??

 

Does anyone have a template of the letter i should sent to them asking them to prove when the payment was made etc?

I can compose one myself however if there is a template, i would rather use that as it will sound more formal!

 

Many thanks

Katy

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silverfox1961

silverfox1961

Posted
Posted

I would include in the letter Cerb has linked to that you want proof of any payment made

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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UnitedFront

UnitedFront

Posted
Posted

As previously stated, definitely seems to be statute barred. And, also as stated, even if their was a payment made in 2007; if there was a 6 year gap in payments prior to that and with no written acknowledgements, then the debt would have been statute barred at the time the payment was made and, thus, the payment served nothing to their cause.

 

Once a debt is barred by the Limitation Act, no payment or part-payment or acknowledgement thereafter is capable of ending the statute barred status of a debt.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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DonkeyB

DonkeyB

Posted
Posted

I do hope that Cabot are not trying to get round an SB issue by creating a phantom payment. That would be extremely naughty but, no doubt, would simply be an unfortunate admin error.

 

Demand proof of payment, as said, and prepare your complaint to the OFT...

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silverfox1961

silverfox1961

Posted
Posted
I do hope that Cabot are not trying to get round an SB issue by creating a phantom payment. That would be extremely naughty but, no doubt, would simply be an unfortunate admin error.

 

Demand proof of payment, as said, and prepare your complaint to the OFT...

 

 

This is Lowells usual trick and I can't say I have seen cabot do this before but as we know Cabot are getting more and more desperate every day

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 4 months later...
sir_gilmour

sir_gilmour

Posted
Posted

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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