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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      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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Obtaining details of charges without recourse to DPA?


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Just a thought and I may be way off beam here.

 

The Consumer Credit Act 1974 Sections 77(1) and 78(1) state the following (this is 77 but 78 is the same):

 

77 Duty to give information to debtor under fixed -sum credit agreement

 

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the total sum paid under the agreement by the debtor;

 

(b) the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total

sum, with the date when each became due

 

© the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date,

or mode of determining the date, when each becomes due.

 

Now para's (b) and © state "and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due"

 

Would that not have to include each and every charge applied to the account?

 

If so then this route would only cost £1, as opposed to £10 for a Data Protection Act request.

 

Would obviously only work for agreements regulated by the CCA so wouldn't apply to mortgages but is certainly applicable to credit card accounts.

If I'm totally wrong here then would a mod please delete this thread to avoid confusion.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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I am currently pursuing this avenue myself with a DCA. Will let you know. It's also worth pointing out that a bank account with no overdraft facilities would not be covered either.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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What do people think of this? that would be good for me, it would cost me £10 instead of £100 to get my lists of charges!!

 

I'm not sure whether it would work or not.

 

Might Isuggest that someone might like to apply under the CCA and see what comes back? I'm in the process of writing to several CC companies and as soon as I get anything back I'll post up here.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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