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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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      Please start your own topic in the following forum. https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/
    • L33noa
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      By L33noa · Posted

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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

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      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.

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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.

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InKogneeToh

InKogneeToh

Posted
Posted

Hi all

 

I understand the perceived relevance of so many 'guests' viewing but I hope you are not inadvertently scaring off genuine prospective members.

 

I viewed this site for a few weeks before actually registering and I would hate to think that some of them are getting the impression that this is a 'closed shop'.

 

So to all genuinely interested potential members of this group who are viewing this thread I say:

 

WELCOME

 

and

 

COME ON IN! :)

 

 

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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m55dlc

m55dlc

Posted
Posted

You're all missing the point. A lender can use the 'if any' not to provide the agreement if there isn't an executed agreement, under a s78 request. Whether or not there should be an executed agreement, or whether or not this wording was not supposed to be used in this manner, the fact remains that the word 'if any' means they can weasle out of it - leading you to take that further daunting step of going to court. If, at court, they produce an executed agreement, they are in breach of s78 - do you see where I'm coming from?

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Guest The Terminator

Guest The Terminator

Posted
Posted
You're all missing the point. A lender can use the 'if any' not to provide the agreement if there isn't an executed agreement, under a s78 request. Whether or not there should be an executed agreement, or whether or not this wording was not supposed to be used in this manner, the fact remains that the word 'if any' means they can weasle out of it - leading you to take that further daunting step of going to court. If, at court, they produce an executed agreement, they are in breach of s78 - do you see where I'm coming from?

 

It's a good point but what I can't understand why a lender would go to them extremes especally if they produced an agreement in court knowing that a judge will not enforce an order under S127(1) because of the breach under S78

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InKogneeToh

InKogneeToh

Posted
Posted
Pam: Closed shops were outlawed 25 years ago.No doubt Peter will have a comment on that.

 

Hi Term

 

Yes, I'm sure he will! :D

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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ladybird17

ladybird17

Posted
Posted

You're all missing the point. A lender can use the 'if any' not to provide the agreement if there isn't an executed agreement, under a s78 request. Whether or not there should be an executed agreement, or whether or not this wording was not supposed to be used in this manner, the fact remains that the word 'if any' means they can weasle out of it - leading you to take that further daunting step of going to court. If, at court, they produce an executed agreement, they are in breach of s78 - do you see where I'm coming from?

 

No I don't - if as you say at the beginning of your post they may use the if any to get out of it if there isn't an agreement - leading you to go down the court route - how could they then, as you suggest at the end of your post, turn up wth it at court if they didn't have it in the first place?

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m55dlc

m55dlc

Posted
Posted
You're all missing the point. A lender can use the 'if any' not to provide the agreement if there isn't an executed agreement, under a s78 request. Whether or not there should be an executed agreement, or whether or not this wording was not supposed to be used in this manner, the fact remains that the word 'if any' means they can weasle out of it - leading you to take that further daunting step of going to court. If, at court, they produce an executed agreement, they are in breach of s78 - do you see where I'm coming from?

 

No I don't - if as you say at the beginning of your post they may use the if any to get out of it if there isn't an agreement - leading you to go down the court route - how could they then, as you suggest at the end of your post, turn up wth it at court if they didn't have it in the first place?

 

It's another delaying tactic they may employ. I'm only pointing out things (granted that had already been raised by a n other) so we can discuss it.

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Peterbard

Peterbard

Posted
Posted

HI

 

I think the if any refers to agreements covered by section 74 where written contracts are not needed things like overdrafts.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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rippedoffagain

rippedoffagain

Posted
Posted
HI

 

I think the if any refers to agreements covered by section 74 wher e written contracts are not needed things like overdarts.

 

Peter

 

With respect an overdraft is not a credit token.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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rippedoffagain

rippedoffagain

Posted
Posted
Hi Peter,

this "overdarts" that you are talking about - is this a new pub game?

 

Oops didn't notice that.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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InKogneeToh

InKogneeToh

Posted
Posted

Quote: A copy of the agreement is no longer available. The copy agreement was destroyed in May 2006. It is HSBC policy not to retain documents and records for longer than necessary in line with the Data Protection Act 1998. As such, HSBC retain documents for a maximum of 6 years.

 

What can be more 'necessary' than retaining a copy of a contract that is either still current or where repayment remains outstanding??

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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ladybird17

ladybird17

Posted
Posted

m55 - if they went down that route to delay things and then turned up in court with an agreement, having said there isn't one - they could

1 - be a vexacious litigant (or whatever it's called)

2 - Be in contempt of court

3 - commit perjury

4 - have their licence revoked.

 

I honestly don't think that this is a likely route for them to go down.

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rippedoffagain

rippedoffagain

Posted
Posted

So moving on;

 

Is the burden of proof with you, to prove you did not receive a copy, or with them, to prove you did?

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

A to Z index

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

...........................................................................

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m55dlc

m55dlc

Posted
Posted

Ms Bird, how fickle love can be. Yesterday we could have made such sweet music, today your talk is neither courteous or sweet.

 

We're doing Mr MIB's job for him here, they may think that but then read your post and decide not to. We're not here to diss M55 'cos M55 don like da dissin!

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InKogneeToh

InKogneeToh

Posted
Posted
So moving on;

 

Is the burden of proof with you, to prove you did not receive a copy, or with them, to prove you did?

 

Hi

 

You cannot prove a 'negative' so the burden of proof would be on the credit provider.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Guest Battleaxe

Guest Battleaxe

Posted
Posted

Common practise is NOT for them to issue the executed agreement with the re-issue of the card. They could claim Indusrty standard, but that is not lawful in Court. They would have to swear on oath that they issued and then they would have to prove that they did, and we know from our SAR's they can't prove it

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InKogneeToh

InKogneeToh

Posted
Posted

Morning Peter :)

 

When you are typing your messages, do you not get misspelt words underlined in RED?

 

I do on my typing, so I can go back and correct.

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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InKogneeToh

InKogneeToh

Posted
Posted

Last edited by peterbard : Today at 11:41. Reason: Just in case pam is watching me splelling

 

Too late - my little bird is 'all seeing' !

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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