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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.
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      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.

ge money ppi

WAG687
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WAG687

WAG687

Posted
Posted

Hi,

 

Need help with a ppi claim for igroup-gemoney.

 

Had a loan in 2004 and paid off in 2007,

we were going to go through claims company,

but they have binned this because the finance company who we went through apparently no longer exist

and as it was prior to 2005 they say they can do nothing.

 

Is there anything we can do ourselves

 

i have a copy of the agreements and the original form filled in,

we have ppi on it but we told to tick this box:?: as it would help our application.

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ims21

ims21

Posted
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Hi

 

Well you had a luck escape with the claims company. They can do nothing that you can't do for yourself.

 

GE can be a tough nut to crack.

 

Is you agreement regulated by the CCA 1974?

 

Always start your claim with the lender.

 

Go to the fos website and download their consumer questionnaire and complete it.

 

Have a read of No.1 in my signature which will give you details and spreadsheet on how to work out the claim amount.

 

When you have done your spreadsheet and questionnaire send them to GE with a brief covering letter requiring refund. They will have 8 weeks to respond and give you a decision. Don't forget to keep copiesof what you send and of you can, send the stuff recorded delivery so you can track receipt.

 

ims

 

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WAG687

WAG687

Posted
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also can any one help me Black Horse finance, i have today received a letter from them stating that they will give me a full refund of ppi + interest but say i am in arrears with then account.. I no longer pay Black Horse as i received a letter from Direct Legal Collections stating they had taken over this account last September. Should i receive all this money back? Your advise would be appreciated.

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ims21

ims21

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also can any one help me Black Horse finance, i have today received a letter from them stating that they will give me a full refund of ppi + interest but say i am in arrears with then account.. I no longer pay Black Horse as i received a letter from Direct Legal Collections stating they had taken over this account last September. Should i receive all this money back? Your advise would be appreciated.

 

If the BH debt has been sold then they cannot set-off.

 

If BH still own the debt and DLC are collecting on behalf of Black Horse then they can set off against notified arrears only.

 

You need to check and see if the debt was sold on.

 

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WAG687

WAG687

Posted
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Can see Black Horse, the wording was basically as from Sept 2011 i no longer pay Black Horse all payments to go through them, cannot remeber anything else and cannot find letter, should i contact Direct legal and see what they say?

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ims21

ims21

Posted
Posted

No need to contact DLC

 

If BH are showing on your CRA file then they are still the owner and can set off against notified arrears.

 

If it were me I'd drop DLC from the loop and make your payments to BH.

 

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WAG687

WAG687

Posted
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Result, have just found the letter from Black Horse notifying us of the Sale of the Debt to Hillesden Securities trading as Direct Legal Collections on 24/08/2011.

 

In it they state the following.

 

We hereby give notice of the assigment of the debt due to us from you in respect of Balance £####.## oustanding on your Black Horse Account.

On the 24/08/2011 your acount was sold to dlc.

 

Any further communications and payments including payments under exsisting arrangements with Black Horse Ltd must therefore be addressed to direct legal & collections at

 

 

then there address.

 

 

Does this mean we can now tell Black Horse that all monies to be paid to us?

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WAG687

WAG687

Posted
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will send letter and ring Black Horse after Bank Holiday and ask them to readjust the figures they have sent me, will i need to send them a copy of the letters i have, do you think, i do not want to sign this other one, and send it back as they may take that as acceptance.

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ims21

ims21

Posted
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Have you checked whether their offer figures in total are correct? If you are happy with the amount of redress then you can accept the figures in principle but in the same letter you tell them that as they no longer own the debt/account then there is no right of set-off and that the full amount must be paid to you and you look forward to receiving their cheque for the full amount due.

 

Should you need it there is case law on this....

 

The case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) affirms this position that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it.

  • Confused 1

 

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  • 6 months later...
noodle212

noodle212

Posted
Posted

Hi I purchased my loans inclusive of missold ppis from freedom finance....I was totally unaware that the ppi provided was from the following companies... who no longer trade...they were Caracass and Bespoke... both of them together cost myself 8000 pounds... does anyone know of a way to continue to claim against these people.

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