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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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      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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The Debt Star

The Debt Star

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fos have said i need to raise a fresh complaint about the assignment despite prior ppi dispute. i have to wait for egg's final response. egg have already said they have paid and complied with the ppi but my calcs say they are £1K out. so the fos are making this much harder work than it needs to be.

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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Hi, DS,

Use the FC route to EGG and Arrow to get quicker final responses, I use the route very effectively,

on all sorts of accounts and companies.:madgrin:

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The Debt Star

The Debt Star

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wotz the "FC Route"?

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

Posted
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with the foz? yeah, defo will be doing that, but can't until getb the final response from egg. what pishes me off is that foz won't do it under the existing complaint. its all inter connected and i can't see the logic of a fresh complaint

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

Bureaucratic pigeon holing one complaint 1 form connected or not:madgrin:

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The Debt Star

The Debt Star

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yep and thats wotz happened

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

Only one ,like pulling teeth they made excuses that they had to contact

their client when they had bought the debt, and were very difficult

to negotiate with on not selling on any balance, took 5 weeks to reach

a decision.:madgrin:

Brig.

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The Debt Star

The Debt Star

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but you did though! well done 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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The Debt Star

The Debt Star

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afternoon amigos.

 

a letter in the post 2day from the DCA saying they are investigating with Arrow and will get back to me.

 

Nowt from Arrow whatsoever.

 

I would like to send Arrow a cheque each month for the payments that were previosuly paid to Egg. They haven't sent me their banking details and clearly won't bother to either. Soooo.....what's wrong with sending them cheques then? I can't think why I shouldn't if its my intention to pay and reduce the laon each month.

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

In your situation nothing all, the can alter it, present it more than once, so go ahead.:madgrin:

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Please Consider making a donation to keep this site running!

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The Debt Star

The Debt Star

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In your situation nothing all, the can alter it, present it more than once, so go ahead.:madgrin:

 

huh? can you say that again?

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

This ''B'' computer is crap,

It should read sending a cheque for payments

is not going to cause any problems, the recipient can't

alter it or present it for payment more than once.: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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The Debt Star

The Debt Star

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Ok cheers mate.

 

ref your keyboard, make sure there isn't anything underneath the keys. I thought my keyboard was shot and used it for months with no "p" key only to find a staple had lodged underneath LOL its fine now!

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

I know what you mean I keep getting zooming in and out on print size as well.:lol::madgrin:

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Please Consider making a donation to keep this site running!

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The Debt Star

The Debt Star

Posted
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new pc called for from the sounds of things! Send the bill to the MoD :)

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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Fred Bassett

Fred Bassett

Posted
Posted

Computers are never wrong - only operators.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I found my place in life when I married, ALL WAYS IN THE WRONG: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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  • 4 weeks later...
The Debt Star

The Debt Star

Posted
  • Author
Posted

Update:

 

I have refused to deal with Westcot and sent my usual monthly payment (hitherto paid to Egg) direct to Arrow. By cheque. Arrow , who have been ignoring my requests for their banking details, have cashed the cheque. So looks like they will accept payment direct to them cutting out the DCA middle man.

 

Meanwhile, I have calculated that Egg owe me a further £1K+ in PPI and interest.

 

All off to the FOS now on basis of the PPI that remains outstanding on a prior disputed account that has been assigned to Arrow, who tried to get a DCA to collect on it.

 

V. messy. All Egg's fault.

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

Hi DS,

 

Just as well to cut Westcott out of the loop,they

are total waste of time and space IMO:madgrin:

 

Brig.

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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The Debt Star

The Debt Star

Posted
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I guess the next problem will be that the balance of the loan is disputed because arrow won't be applying it to my account. So I'll have to keep PROOF in the form of cheque stubs and bank statements plus my letters to Arrow enclosing payments.

 

But TBH another line of dispute would be a good thing and should ensure that DCAs are kept out of the loop.

 

Westcot are now the 3rd set of DCAs sent packing on this loan.

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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