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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      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.
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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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Carter & Co / Capital One Finance


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Help! Capital Finance One have passed my outstanding balance to Carter & Co. I spoke to carter & co yesterday and they are threatening me, saying they will come round to my house in the early hours of the morning and take my car and anything else of value, I have offered to pay the outstanding amount in full when I get paid but they said they cant wait that long and I dont know what to do. Im scared they will come to my house and hurt my family. Are they allowed to just turn up and take my car & belongings? My debt is only £300!! They have never written to me or sent me any form of formal communication. Has anyone else had dealings with these people?

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ignore their empty threats. Do they have a CCJ? Has any court action taken place? as for can they come and take your stuff only with warrant issued by court and that is very very last resort. You need to stay of the phone to these jokers you have found out the hard way they are experts in threatening you. First thing is go into letter library here and send off the withdrawal of access to your property then they cant come near you. They turn up and you in any way feel threatened ring police and get them removed. from now you only contact them in writing, dont break the bank to pay them back, if you can afford to pay full amount and it has no impact on you then pay it if not then send what you can afford in a postal order to them.

 

They have less rights to visit your property than the milkman and have as much legal powers as him. I would complain to OFT and Trading Standards about Carter & Co and their threats. Others will offer help too dont worry these clowns aren't coming round any day soon

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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They just claim to be called carter & co. But I can't find them anywhere on the internet. They answer the phone with just "hello" I asked if calls were recorded and the man just laughed and said "as if"

 

Thank you for the advice Padja, I will contact the OFT and trading standards and download the letter. No there has been no court action or CCJ. I told them man i spoke to that I hadnt received any letters from them and he said they had emailed me - I havent received them. He said he would forward them but it would take a few days and by then they will have been to collect what they need to cover the debt, so i shouldnt worry about it. I will try not to speak to them and write a letter instead but they ring my mobile and direct dial at work about 6/7 times a day. Thanks again for the advice :-) it's reassuring as they are very scary and I didnt know what they could/couldnt do.

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This could be Bryan Carter Solicitors...don't worry about them.

Experienced caggers will be along soon who have dealt with him.

In the meantime report these to Tradings Standards tomorrow.

Either ignore or hang up do not speak to them.

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well 'fake' 'for hire' solicitors!!!!!

 

check your CRA file tooo

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Donkey,

You are right,it's not BC.

There is another thread going at the moment about capital finance one which the OP has subscibed to offering advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?324095-Capital-Finance-One-Passing-Debt-To-DCA-s-When-Under-Investigation-By-The-Financial-Ombudsman&highlight=carter+co

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Thanks for all the advice guys. Just a quick update spoke to CFO today and apparently the company are called Coen & Co not Carter and Co sorry. Complained about the threats they made to me and have also informed the trading standards who are investigating.

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  • 5 weeks later...

There not a registered company they are people from capital finance one with a made up company name pretending to be door to door debt collectors just ignore them they can not come to your house. They think there bully facts will make up pay.And never give them your debt card details they will clear out your account if you want to make payments to them ask for account detail to do a transfer.

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