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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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    • 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.

Endevour Personal Finance

bigiain1968
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ims21

ims21

Posted
Posted

Hi

 

Their registered office is the same as HFC (all part of HSBC) and is

 

CAMDEN HOUSE WEST,

THE PARADE

BIRMINGHAM

B1 3PY

 

I'd write to endeavour at that address

 

However, before you do anything, have you got your agreement and statements of account?

 

You should really complete a spreadsheet of claim and a fos questionnaire.

 

What have you got regarding this loan?

 

ims

 

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bigiain1968

bigiain1968

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The loan dates back to 2001 and I have got all the original paperwork including the pre-completed credit agreement with ppi ticked for me, another important aspect i thought was the fact that the terms and conditions of the ppi were posted after the credit agreement had been returned.

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emmtay

emmtay

Posted
Posted

Good luck with these...they like giving you the run around! Was the loan direct with them or through a broker? I would be interested in seeing the pre-completed agreement if you can PM me with it as I don't have mine and they say they don't have it!It might jog my memory :)

Emmtay

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bigiain1968

bigiain1968

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A broker was used in the initial contact do you guys think enderour could use this to try and wriggle out of there obligations / responsibilities towards the sale of the ppi ? my initial thoughts are focusing around the point of sale of the ppi which would have been when the credit agreement was signed.with endevour and not the broker, would i be correct in thinking this ? and advice would be much appreciated.....

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ims21

ims21

Posted
Posted
hi there, can you advise therefore whether it is ocean finance or endeavour that has to answer re mis selling of the ppi claim as I have similar issue.

 

Whoever you were paying

 

ims

 

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sicktodeathofthem

sicktodeathofthem

Posted
Posted

Hi there - I too recently came across an old loan I had with Endeavour PF (also 2001). I only have a copy of the Credit Agreement - but that has all the relevant details - including the box ticked for PPI and shows the loaned amount split into 'loan' and 'PPI'

BUT - ref comments above. This is headed 'Unregulated Credit Agreement' (which I wouldn't have picked up on at the time). Does this blow any potential claim out of the water?

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dx100uk

dx100uk

Posted
Posted
Hi there - I too recently came across an old loan I had with Endeavour PF (also 2001). I only have a copy of the Credit Agreement - but that has all the relevant details - including the box ticked for PPI and shows the loaned amount split into 'loan' and 'PPI'

BUT - ref comments above. This is headed 'Unregulated Credit Agreement' (which I wouldn't have picked up on at the time). Does this blow any potential claim out of the water?

 

no

 

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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Worstutility

Worstutility

Posted
Posted

Hi there!

 

I would just like to add to your post - I am in the process of going after Ocean Finance/Endeavour Personal Finance and after having the runaround for a long time I decided to complain to the Financial Ombudsman Service. On 1st February 2012 I received a letter from FOS advising that they had sent a copy of my letter and complaint form to: Ms Rowena Daley, HFC Bank Ltd, Camden House West Parade, Birmingham B1 3PY and that they had 8 weeks to respond to me. They also advised that I should send a copy to them also which I did and I am just waiting to hear what they have to say.

 

I will say that Ocean/Endeavour have really taken the mickey out of me for the past few years however I have now decided that I will take this all the way to court if I have to so hopefully they will just cough up.

 

Best wishes in your fight!

Worstutility

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dx100uk

dx100uk

Posted
Posted

urm..hfc is linked to ocean?

 

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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bigiain1968

bigiain1968

Posted
  • Author
Posted

Hi there,

I have just received some correspondence from EPF and they are trying to play the “Broker” card.

Would I be correct in saying that under S56 Consumer Credit Act the creditor / borrower is responsible for the actions of the broker?

Many many thanks for your assistance.

Iain

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ims21

ims21

Posted
Posted
Hi there,

I have just received some correspondence from EPF and they are trying to play the “Broker” card.

Would I be correct in saying that under S56 Consumer Credit Act the creditor / borrower is responsible for the actions of the broker?

Many many thanks for your assistance.

Iain

 

Hi

 

Yes it is useful, especially if you have a regulated agreement

 

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