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      Hello,

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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.

Arrow have taken over Egg Loan

The Debt Star

By The Debt Star
in Egg

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BRIGADIER2JCS

BRIGADIER2JCS

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I expect there all somewhere around the gents on the ground floor 3rd stall:madgrin::madgrin:

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minmoo

minmoo

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Just wanted to add to this thread that i had a letter saying my account was being sold to Britannica/Moorgate but the thing is i have never missed a payment on this or gone behind. It is due to finish next october anyway.

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The Debt Star

The Debt Star

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regardless, you are about to be harrassed by debt collectors. you can thank egg and their hideous attitude to customers for that.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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The Debt Star

The Debt Star

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regardless, you are about to be harrassed by debt collectors. you can thank egg and their hideous attitude to customers for that.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
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For some reasons best known to themselves Egg has sold all viable accounts to Barclays

and hived off the rest to Brittania, a tax move I suspect.

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robbom

robbom

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@ BRIGADIER2JCS

I can't find one, they sent me 2 different copies of an agreement (with different dates) and I wrote back telling them that I still held he account in dispute as the agreements weren't enforceable. I have only heard from Moorcroft since (who have today written offering a 25% discount). As far as I'm concerned, the account is still in dispute & I don't respond to Moorcroft at all, since I wrote to them and told them it was stilll in dispute.

Any help gratefully accepted.

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BRIGADIER2JCS

BRIGADIER2JCS

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Hi, just keep it like that, remind Moorcroft regularly that it's still in dispute.

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BRIGADIER2JCS

BRIGADIER2JCS

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Same applies Rob if it's not enforceable one it cannot be otherwise for another,just ignore Fred until they

get their crayons out again:madgrin:

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The Debt Star

The Debt Star

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Posted (edited)
I have only heard from Moorcroft since (who have today written offering a 25% discount). .

 

Hmmm...if Wetcloths write offering a 50% discount I might just bite the bullet and pay them to get shot of this grief. On 25% reduction they can get lost.

Edited by The Debt Star

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

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Hi DS how's it going why no:madgrin:t offer Westcloths 25% as a special summer discount

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The Debt Star

The Debt Star

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Hi. They haven't extended me the courtesy of saying hello yet ;)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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The Debt Star

The Debt Star

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yes, indeedy, they will

 

and I have my defences primed and ready to blast 'em as soon as they show the whites of their eyes.

 

No Fort Douaumont here (you know your military history, Brig)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

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Posted

I more into Custers last stand but I know what you mean:madgrin:

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The Debt Star

The Debt Star

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Custer the war criminal? Crazy Horse was awesone. Now, there's an thought, Crazy Horse -v- a band of DCAs in the open plains

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

You under stand me well:madgrin:

 

Watch out, watch out there's a rosey about:madgrin:

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The Debt Star

The Debt Star

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perhaps rosy can help me get my egg loan transfrred back from arrow to egg then

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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The Debt Star

The Debt Star

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Pmsl :)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Sometimes'':blah::blah: pictures say a thousand words''

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The Debt Star

The Debt Star

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right, turns out that the balance sold on by Egg to Arrow is wrong and they should have reduced it by a further £1K+ under the terms of the FOS adjudication (mis-sold PPI dispute still current when they assigned to Arrow).

 

other than raising this with the FOS and copying in Arrow on all updates ref the dispute, not sure what else I can do?

Edited by The Debt Star

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
right, turns out that the balance sold on by Egg to Arrow is wrong and they should have reduced it by a further £1K+ under the tremns of the FOS adjudication (mis-sold PPI dispute still current when they assigned to Arrow).

 

other than raising this with the FOS and copying in Arrow on all updates ref the dispute, not sure what else I can do?

 

Don't just raise it escalate it to a FORMAL COMPLAINT FOS will take more interest that way.:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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