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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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    • jk2054
      Striking out on SCT

      By jk2054 · Posted

      Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • MANUKI12742
      Advise on debt I currently hold

      By MANUKI12742 · Posted

      I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • dx100uk
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By dx100uk · Posted

      one reply only  follow post 2 of letter of claim <<clickme link. dx
    • abjb
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By abjb · Posted

      Sorry, I got confused  Yes, it states all three   Thanks, 
    • dx100uk
      Lowells / Overdales - Payment Plan / Paid Money - Have I Made A Mistake?

      By dx100uk · Posted

      nope does their PAPLOC state all 3 debts? 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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      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.

VT liabilty?

jonottley

By jonottley
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jonottley

jonottley

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Hi, I've sent my letter off to welcome to VT i phoned them today to see what there playin at since they haven't got back to me. The man on the phone said a letter has been sent out to my home quoting the liabilty i'll owe. I said i've payed well over half and he went on to say i'll still owe them for the insurances. I didnt take out PPI but i have got shortfall extra emergency recover and mechanical breakdown. Will i still owe these? Any feedback would be much appreciated. Thanks

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jonottley

jonottley

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Thanks for your replys guys, a man phoned me yesterday asking me when i want it picking up. I currently have a dent on the back door panel and a long scrath going accross the two doors. I dont know weather to get it done as its going to cost me about £250. Ive also recieved the letter of welcome and they say i owe them £752 for the insurances. I think this is about right but ****ed off aswell!! postggj can i accually claim it back for mis-selling? How do i do it if i want to? Also do you think i should cancel my direct debit now? What do you reckon guys?

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just_jue

just_jue

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When I did my VT with Welcome it was all done within 2 weeks, as long as you are over the 50% mark you can cancel the DD.

Thinking back to when you took the car was the insurances compulsory, as Welcome would say that you had to have the insurances to have the finance. If so then they were miss sold and you can claim them back.

Do you have proof that they have received your VT instructions.

 

As for the damage it might be worth of trying to get the damage do yourself. My car was taken straight to the auction, I don't think that Welcome are to worried about the cars they just want to clear as many accounts as possible.

 

I did try a full and final settlement offer with them which they might go for as you probably know they in big trouble.

 

JJ

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jonottley

jonottley

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Thanks for the fast reply. Yes i have recieved confirmation by this letter it says i dont owe for the goods just £752 for the insurances. I think they probably did say they was compulary and tried to get me on ppi but couldnt because i was self employed. Do you know how i go about claiming for miss-selling? I have used my emergency breakdown twice though. I dont know if I should get it fixed then before I hand it back suppose its risky if not? but as you say they want to clear the cars. The guy who phoned me was from another company coming to collect the car, I assume he will take it straight to auction? If so this means rac won't check it over though which makes me not want to get it fixed!! LOL. Cant wait for this to be over!! :)

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just_jue

just_jue

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Does sound like mine, no RAC inspection was made the company who collection did a brief walk around and then it was gone (hooray).

It was quite funny they said I owed £5.85 and even got their 'high risk' department to chase me until I proved I owed them nothing.

 

I don't know if you can claim the insurance was miss sold as you have used it, perhaps Postggj might have a look and advise.

 

JJ

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jonottley

jonottley

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My insurances altogether is £43 per month. Yeah I think i will offer them that and see what happens, got nothing to lose really and if not ill just set a new direct debit up of £43 if I can. I feel better about the whole situation now anyway, cheers mate.

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