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By bradfordlad · Posted
Hi all, Many moons ago (2012) I had a Virgin credit card (issued by MBNA) that defaulted. They did provide a valid CCA so I was advised by the good folks on CAG to make small payments to keep them quiet - I set up a standing order to pay them £5 a month, and it's been that way ever since. The debt has been sold on a million times, but £5 is nothing so I've paid no attention to it. Anyway, I received a letter from Capquest (who must be the current owners of the debt) back in March asking me to contact them to discuss a suitable repayment option, and the account will now be managed by Resolvecall. Now £5 a month IS a suitable repayment option so I ignored their letter. A few days/weeks later, I received a letter from Resolvecall, acting for Capquest wanting me to contact them and threatening a home visit if I ignored their letter. Obviously I DID ignore their letter, and last week a lady knocked on the door (unanswered) and put a card through asking me to contact Resolvecall. Interestingly, their letter said if I didn't reply within 7 days from the date of the letter, and...you guessed it, there was no date on the letter! Out of curiosity, I logged in to Resolvecall's account, and it shows my two most recent £5 payments, so they ARE receiving my money but clearly want more - which they're not getting. Now - do I play silly b*ggers with them, and ask them to provide the true copy of the CCA to see if they can come up with the goods? Do I just ignore them and carry on paying my £5? Do I stop paying altogether? I know the case isn't SB as I've been paying regularly, but not sure how to play going forward? Any suggestions gang? Thanks you! -
By WantJustice · Posted
Agreement start date 27/11/15 Amount added from previous loan was, £3441.62 -
not your problem, you've sent it thats all you have to do. dx -
By theoldrouge · Posted
Sunak actually nailed it in his boring speech yesterday Starmers only offering is vote to be depressed Just about sums up lefties Humourless and Depresive🤣 -
Ah ok I will see if we receive it in the post tomorrow before I go to work. We want to see theirs so we know what documents they will list ? If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions. What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ? I scanned and posted in #159 the claimants continuation sheet attached to the N244 where they give a background of the case and reference e-mails etc. After this I will continue to work on the WS which is also causing me anxiety. This will also be used to object to their SJ application. I will advise tomorrow if anything else is received.
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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.
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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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