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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

      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.
      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.

Credit Security Ltd/ M&S Saying field agents called.

snows

By snows
in M&S Cards

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snows

snows

Posted
Posted

Hi - has anyone had any dealings with Credit Security Ltd.

 

Received a letter a couple of weeks ago advising one of their "field agents" has called at my house on a number of occasions and on each occasion left a calling card.

 

The letter continues with the usual "failure to contact us etc etc".

 

I have not received any calling cards and have written to them requesting dates/times of visits and how and where the calling cards were left

- not surprisingly have not had a response which I believe confirms what I have thought all along that the contents of the letter are frankly a pack of lies!

 

I guess my question is -

is it legal for a company to send out letters like this as it is clearly intended to try

and intimidate people into making contact with the company.

Thanks for your help guys

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MARTIN3030

MARTIN3030

Posted
Posted

Hello,

First of all Credit Security are well known to the CAG.

Under the Office of Fair Trading guidelines,they are expected to be upholding codes of conduct,and also the CSA.

 

We have a letter which you can send outlining your rights and their responsibilities.

Do you have any idea what they are after ?

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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snows

snows

Posted
  • Author
Posted

Hi Martin3030 - thanks for getting back to me. They are acting on behalf of Marks and Spencer as I do have an outstanding debt with them, but I really object to the underhand methods these companies use to try and intimidate people who are in obvious financial difficulty. I should have mentioned I did advise the company that if anyone does call I'll have them removed and am about to send them a CCA request regarding the debt.

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MARTIN3030

MARTIN3030

Posted
Posted

Ok.

Providing you are not ignoring them,you are at liberty to demand they keep everything strictly in writing.

If you are sending a request under CCA,I would send it to M&S and advise CS of this asking them to pass the account back.Its also essential that you ask them to send you a copy of their complaints procedure-you are entitled to a copy of these.

We do have a sub forum for M&S but in the short term I think your thread would be better in the DCA forums,where I will move now and re-title your thread.

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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Bazooka Boo

Bazooka Boo

Posted
Posted

How much are we talking about roughly?

Is it a Credit Card?

 

When did you take out this agreement?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo

Bazooka Boo

Posted
Posted
If they are lying on their letters then clearly they will have breached the OFTs DCG or Consumer Protection Regs

 

Unfortunately it goes ignored, regardless of the amount of complaints to the OFT that these companies breach the DCG's on a daily basis, they are toothless and very rarely act upon information showing sheer disregard to the guidelines!.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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theghost

theghost

Posted
Posted
Unfortunately it goes ignored, regardless of the amount of complaints to the OFT that these companies breach the DCG's on a daily basis, they are toothless and very rarely act upon information showing sheer disregard to the guidelines!.

 

Its worth pointing out just because you don't see the effects of regulation by way of prosecutions or injunctions in the news that doesn't mean things are not happening 'behind the scenes'. Things would be significantly worse without the regulation we do have - that is not to say things couldn't be better.

 

There is far far more to regulation than a few examples of a company doing something wrong and being prosecuted for it - there are lots of barriers to that.....

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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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