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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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      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.

DCA can not provide CCA - Citibank card started sometime in 2006 /2007.

Palmers
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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Defaulted on debt March 2009, debt sold to capqest late that year.

 

Strated paying Capquest in late 2009 and have been paying them sincem, had cleared about half of £3500 debt but cirumstances changed again and am paying only £1.00 at moment.

I suspect the delay if there is one on producing the agreement

will arise if they are getting a recon put together.

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Palmers

Palmers

Posted
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Posted

Cash Cowed!

 

Look I have come on this site hoping to find some help and advice on trying to clear my debts.

 

I have started with one Capquest and sent a CCA to them as off tomorrow they would not have replied with in the 12+2 days allowed. I jst wanted to ask someone if I should be sending a follow up letter puting the acount in dispute. In any case I was under the impession that even if the DCA can find the cca the debt can and will still be collected/

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

The lack of a CCA is not as important as it once was due to case law,

but just send them the account in dispute letter addressed to The Compliance

Manager.

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

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dx100uk

dx100uk

Posted
Posted

Cash Cowed!

sadly all the classic signals are there

 

do you understand what is meant by that..........

 

there is def a reason why they have offered a discount

 

we need to discover what it is.

 

what made you start paying crapest ...a threat-o-gram?

 

something smells here as there are very few reasons why an OC will sell

a debt of such a value.

 

 

 

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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Palmers

Palmers

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I started Paying Capquest again because I owed Citibank £3500 which was sold to CQ when I defaulted and my CRA confirmed this.

 

I understand what your saying in that no DCA will offer a discount from a position of strengh, that is why I started with a CCA request which they have not complied with, hence me coming on here for further advice.

 

Are you suggesting that I should not have been paying them anything even though they are on my credit file and the account is defaulted. The bottom line is these were my debts and I want to try and clear them one day and no longer be in debt, the reason im on here is looking for some advice that will improve my hand

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Palmers

Palmers

Posted
  • Author
Posted
The lack of a CCA is not as important as it once was due to case law,

but just send them the account in dispute letter addressed to The Compliance

Manager.

 

 

Cheers for the reply, will get the letter sent off asap, however am in correct in thinking the bottom line here is the debt is still collectable

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dx100uk

dx100uk

Posted
Posted
I started Paying Capquest again because I owed Citibank £3500 which was sold to CQ when I defaulted and my CRA confirmed this.

 

I understand what your saying in that no DCA will offer a discount from a position of strengh, that is why I started with a CCA request which they have not complied with, hence me coming on here for further advice.

 

Are you suggesting that I should not have been paying them anything even though they are on my credit file and the account is defaulted. The bottom line is these were my debts and I want to try and clear them one day and no longer be in debt, the reason im on here is looking for some advice that will improve my hand

 

you might find it useful to have a read of a few threads here n the citi forum.

 

there must be a VERY good reason WHY CITI sold a £3.5k debt, a very good and fatal reason.

 

more OC's with a debt that large go directly to court.

 

can you tell us a wee bit of the history please.....

 

dates amounts etc

 

and YES i am suggesting you p'haps owe nothing, even 'if' you 'had' the money [or some of t]

in the first place

 

there is a very big smell here.....like £3.5k sized one.....urm......

 

 

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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  • 4 weeks later...
Palmers

Palmers

Posted
  • Author
Posted

Hi,

 

Got a letter from Crapquest today.

 

It stated that they had received statements from Citicard but unfortunatley they had still not received the CCA but had requested it. ( Its over a month since the account was put in dispute because of their failure to produce the CCA)

 

The letter also had a paragraph stating they purchased the account from Citibank in 2009 and were not made aware of any dispute or issue with the account and were acting on good faith based on the information provided by citicard.

 

Does any one think this paragraph has any signifigence?

 

There is no PPI on the account and charged add up to about £300 of the debt, all £12 late payment fees

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Has no impact at all:

A SAR to Citi may be of use now.

Are the penalty charges of more than £12 each time.?

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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Palmers

Palmers

Posted
  • Author
Posted

Thats a shame!

 

All the charges appear to be £12.00 late payment charges and unpaid interest on the account.

 

How do you think a SAR will help now.

 

Worried about continuing to make payments on this account as people have suggested iv been cash cowed with this debt, but for the life of me i cant se how.

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dx100uk

dx100uk

Posted
Posted

the truth!!

 

and i'd now stop paying as the 12+2 days have expired.

 

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

Some of the paperwork on cards Citi took over is certainly suspect imo.

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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Enron

Enron

Posted
Posted

Citi don't release credit card agreements, I only managed to secure mine after getting trading standards involved - who received a copy through Citi's solicitors which they passed onto me.

 

I have a feeling that there were lots of issues with Citi, in as much as they weren't keeping accurate records, and earlier agreements were unenforceable. Potentially a reason why they shut up shop and sold all their credit card accounts onto Opus.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Many hundreds if not thousands of accounts I've been told were aquired without any paperwork just computer records, so yjat's why there are so many recons on Associates accounts.

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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SteveH2508

SteveH2508

Posted
Posted
Many hundreds if not thousands of accounts I've been told were aquired without any paperwork just computer records, so yjat's why there are so many recons on Associates accounts.

 

Also Peoples Bank CC accounts - they seem to have a major documentary FUBAR with them as well. :-D

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