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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.

1st Credit back again!!!

David963
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David963

David963

Posted
Posted

I have had problems with 1st Credit going back a while.

 

Originally a loan with citi that was defaulted due to redundancy (this was back in 2006),

a lot of hassle while i was at my lowest ebb and then i found CAG,

sent off CCA requests to 1st Credit who ignored it,

nothing for a while then a letter from Connaught Collections,

told them about the defaulted CCA and heard nothing for quite a while then in early 2008

i received a SD with a view to making me bankrupt.

 

Thanks to the great folks on here i filled in the forms for a set aside and waited,

I was away at a wedding in April and when i returned from the trip to a letter from the court saying that nobody had turned up

(i was not informed of the court date) and therefore the Judge had thrown it out.

 

I have had nothing but the odd statement saying you havent paid anything until a couple of weeks ago

when i got a letter from Citi telling me that they had passed the debt to 1st Credit,

followed less than a week later by them introducing themselves

and now only a couple of days later by a pay up or we are considering court action letter (the letter shows they purchased the debt in October 2006)

 

Can they go down this route again after failing to provide any documents last time?

Should i CCA them again? (they did offer to send me everything they have on me for £10 without prompting)

 

How do i find out when i last made a payment or acknowledged this alleged debt? it must be very close to 6 years ago now

 

Thanks for your help

David

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Yes they can do all this again 1st Credit are known for getting

Citi to produce recon agreements just before a debt is about

to become stature barred together with mystery payments.

For the information you require you need to make a Subject

Access Request under The Data Protection Act 1998, this will

get you all the data held on you regarding the account.

There is a statutory fee of £10 for this and the company has

40 days to comply.

 

There is a template letter in the CAG library you can amend to

suit, the should be addressed to the Data Controller at Citi.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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David963

David963

Posted
  • Author
Posted

Hi

Thanks for the information,

I note on the letter in the file it says to sign but put crosses through the signature, it has been a while since i was on here but previous advice was just to type your name and not sign it, has this changed?

 

I was surprised that 1st Credit offered me the information from their files for the £10 fee is this a usual practice by DCA's now as i would have had to approach both them and Citi, i certanly haven't acknowledged this debt and the CCA was not complied with at the time does this have any bearing?

 

Sorry for so many questions but thanks in advance for your help

David

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

1st Credit will only hold data since they aquired the account

so A SAR must go to Citi so £10 for not much!!!

 

Also please check your credit reference files that will give

some idea of the status of the debt.

Get these done asap then we can go from there.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

There have been alleged instances that a DCA has ''lifted'' a signature in the

past, but sign with your current signature,if you wish make a subltle change

to it.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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dx100uk

dx100uk

Posted
Posted

I have had problems with 1st Credit going back a while.

 

Originally a loan with citi that was defaulted due to redundancy (this was back in 2006),

a lot of hassle while i was at my lowest ebb and then i found CAG,

sent off CCA requests to 1st Credit who ignored it,

nothing for a while then a letter from Connaught Collections,

told them about the defaulted CCA and heard nothing for quite a while then in early 2008

i received a SD with a view to making me bankrupt.

 

Thanks to the great folks on here i filled in the forms for a set aside and waited,

I was away at a wedding in April and when i returned from the trip to a letter from the court saying that nobody had turned up

(i was not informed of the court date) and therefore the Judge had thrown it out.

 

I have had nothing but the odd statement saying you havent paid anything until a couple of weeks ago

when i got a letter from Citi telling me that they had passed the debt to 1st Credit,

followed less than a week later by them introducing themselves

and now only a couple of days later by a pay up or we are considering court action letter (the letter shows they purchased the debt in October 2006)

 

Can they go down this route again after failing to provide any documents last time?

Should i CCA them again? (they did offer to send me everything they have on me for £10 without prompting)

 

How do i find out when i last made a payment or acknowledged this alleged debt? it must be very close to 6 years ago now

 

Thanks for your help

David

 

i'd just send the failed court docs to them.

 

 

 

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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dx100uk

dx100uk

Posted
Posted

well done!!

 

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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dx100uk

dx100uk

Posted
Posted

prob sb'ed or out of time [already defaulted more than 6yrs ago and dropped off]

 

very good pointer.

 

 

basically you've gotten on a phishing list

 

 

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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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I agree send them copies of those docs with

just the statement that you do not acknowledge

any debt to them or any other company.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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citizenB

citizenB

Posted
Posted

I guess you could as already advised, send them a copy of the General order you received when the original claim was struck out.

 

There must have been a reason they didnt turn up at court in respect of the original claim. Whilst you had a good reason in that you were not aware that there was a hearing.

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David963

David963

Posted
  • Author
Posted

Another letter this morning, identical to the pay up or we are considering court action but with an added we really want to help you so if you pay now we will give you a 20% discount.

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dx100uk

dx100uk

Posted
Posted

hehe they know its not owed legally ...BEGGING you for money

in the hope you dont know your rights...

 

unlucky for them HAHA

 

you found CAG!!

 

ignore them now

 

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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