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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.

      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.

bob and MT collect - not my loan!

snowdragon

By snowdragon
in Capital Finance One/ Mtcollect

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snowdragon

snowdragon

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have cracked it,many thanks all,just have to wait and see what bank/fraud people say now

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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snowdragon

snowdragon

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lmao, part of CFO'S address is, Snakes Lane,how appropriate

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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snowdragon

snowdragon

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Help, again please

Barclays have just wrote back to us re CFO and fraud re them, apparently they are not taking it further as they said we gave authorisation for the money to go out our account.We did not and we even wrote to Barcalys asking for no payments to be paid without our authorisation, they now want the £75 back they re-embursed us which we do not have as being on JSA all money is accounted for.

Everything seems to be going ape s**t for us at mo

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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renegadeimp

renegadeimp

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You need to get on to barclays complaints team and the FSA. The key is not to worry. As long as you have proof that you told barclays not to allow the payment without authorisation, then they are in the wrong.

 

But as i said, you NEED to get onto barclays complaints team and also the FSA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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snowdragon

snowdragon

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what proof would I need as tbh I do not even know if they received the letter we sent them

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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renegadeimp

renegadeimp

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Did you send it by recorded delivery? If so ( and you should have done), all you need is the slip the post office gave you and a copy of the letter. Nothing more. Once its sent, its up to them to prove they didnt recieve it. You have proof you sent it, and to their address.

 

If you sent it by email, you should have either made a copy, or CC'd it to yourself.

 

Again, its not your problem to see if they recieved it. As long as you have proof you sent it, thats all that matters from your side of things.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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snowdragon

snowdragon

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ok ty for that,will see if we did make a copy of it as have a feeling we have not, (before joined here I think ) so looks like a lost cause,have to eat humble pie and ask to pay back in bits,will know next time and thank you, feel kind of stupid but have learnt a lot since being here

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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snowdragon

snowdragon

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ok,sent the letter that was kindly posted here for me,sent it by email and no reply,kept a copy of it but today had a text from CFO, saying payment is due or defer for the interest only of £72.15 please reply defer by 5pm today otherwise full payment will be collected on your due date( what due date) full amount is £257.15???.Had no other word from CFO as explained before never asked for a loan from them or signed anything either, have ignored the text

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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snowdragon

snowdragon

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CFO are now sending me texts (where did they get my mobile number from ? ) asking for payment and that payment was unsuccessful, despite me sending them an email which they have not replied to

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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renegadeimp

renegadeimp

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If you have proof that you sent an email requesting to stop contact like that, contact ofcom and also inform them that somehow they have gotten hold of your mobile details.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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snowdragon

snowdragon

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I made a copy of the email and have it save,they have not replied to it yet.I am trying to remember who put the template letter here for me to copy and just add my details as that is the one I sent them

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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snowdragon

snowdragon

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Can someone help me please re CFO?

They have sent me yet another letter asking for payment and that they are charging me £25 interest, they say they have tried to take the money from our bank account but was not successful.

Defer your loan by making the minimum payment of £97.15 or settle the outstanding balance of £282.15

Where they got that amount form do not know as it started as £200, I did send them an email as was suggested by kind person here and kept a copy but they have never replied.

What do I do now? write back to them or email them again, they put money into our account with our knowledge as you will see by reading my first post.

Am worried now

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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renegadeimp

renegadeimp

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If you have never had a loan from them then send a simple letter and ignore all communcation. If they money into your account without your say so, technically its a gift, but since they asked for it back, you only have to pay the amount back. No charges or interest.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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snowdragon

snowdragon

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Hi, we sent them an email but they have never replied to it, did save a copy of it though

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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asmilecostsnothing

asmilecostsnothing

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If your having difficulties and you've not already can I suggest you get in touch with the BCCA

- British Cheque & Credit Association

They have a website (not sure of contact details anymore as it has been a while since I contacted them) where you can make contact and someone will be in touch, I guess they run a similiar complaints resolve service to the FOS Financial Ombudsman which is somewhere else you can go

 

You will have had to have complained to CFO and have a paperwork trail to back up whatever you are saying has happened

  • Confused 1

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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snowdragon

snowdragon

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hi, thank you smile, all we have done so far is to email CFO re the loan.We used a letter that someone advised us to ,sorry can not remember the posters name.As well as the letters they keep sending us and texts we have not written to them or replied to their texts.

I may write to them using the letter they sent us today or print of the copy of the email I have saved and send it to them.

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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