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By catscratch · Posted
Cheers Lolerz, i think someone had posted how they had appealed successfully and i basically copied the format but might not have been this site!! I'll get in touch with MET and ask for info. -
Yes BC did get the Egg accounts and also MSDW (Morgan Stanley Dean Witter accounts)....so moving forward you need to attack the credit agreement within your statement. The reconstituted standard BC agreement does not satisfy any CCA request and cannot be a copy of an Egg agreement so throw in that the claimant is and remains in default of your CCA request and therefore unable to enforce the alleged agreement. Reconstituted agreements do not satisfy any agreement that have been modified or assigned. Still that still does not explain who was making payments up until 2015....considerable amounts on the the size of the debt. . -
It's unlikely you got appeal advice from on here. We don't usually recommend appeals as they can out who was driving. Personally, I'd submit an SAR to MET to get a copy of the NTK and your appeal. If you get a proper letter of claim, we'll help you draft a suitable snotty letter. -
By catscratch · Posted
Hi Lolerz, i did get a PCN and i did appeal it, from what i remember i used an appeal that was on this site however it was so long ago i cant remember what it was and sadly about six months ago i cleared out old paperwork. What i do know is that prior to this letter i have not heard anything for months. -
By LouLouDev79 · Posted
I have a feeling that it might have been an Egg card that was then taken over by Barclays because I remember having an Egg card back around that time as it was the first credit card I took out when I was young
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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.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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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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