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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.
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Possible fraud at my address, please help!

ian-d

By ian-d
in General Consumer Issues

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ian-d

ian-d

Posted
Posted

Last week I received a driving license in the post for someone else, with my address on it. I called up the DVLA and they told me to just return it, as it might be an error on their system.

 

I have today received a letter from Lloyds TSB stating that this same person (at my address) has reached their overdraft limit (and beyond) and explaining about overdraft charges. I have phoned Lloyds and they have just told me to return it as "not at this address".

 

Naturally with receiving two bits of information, I'm now worried someone is using my address for fraudulent activities.

 

I have lived at this address for over 6 years since it was built, so there has never been any other residents.

 

I have carried out a credit report with Equifax which is absolutely clear (no credit checks) and I'm just waiting on the report from Experian, though hope/expect it to be the same.

 

Is there anything else I can do at this stage? I'm incredibly protective of my privacy, always shredding documents etc, so am concerned.

 

PS - I have retained copies of everything before sending back, just in case.

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ericsbrother

ericsbrother

Posted
Posted

Bad news for your situation is that credit checks are on YOU, not your property. You can inform them that no-one else is resident there but it wont make a difference in the long run but will raise a flag for anyone doing a credit check in the near future.

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ian-d

ian-d

Posted
  • Author
Posted

Thanks, but they are using my address, not my name or details, so I assume any credit check is against the person and wouldn't cause me an issue as we are not linked/associated. I think they have just changed addresses using standard forms to avoid what ever; just hope nothing more comes of it!

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renegadeimp

renegadeimp

Posted
Posted
Bad news for your situation is that credit checks are on YOU, not your property. You can inform them that no-one else is resident there but it wont make a difference in the long run but will raise a flag for anyone doing a credit check in the near future.

 

What will raise a flag?

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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renegadeimp

renegadeimp

Posted
Posted

To ian-d:

 

If you get anything else, the first port of call is to send a full complaint to the creditor/company that is sending the documents. One can be seen as an error. Multiple.... not a chance.

 

If you get multiple and the company doesnt stop it, then contact actionfraud. They will log the details, and give you a case number so you can update if you get any more. Once it crosses their "seriousness" marker, they will investigate.

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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renegadeimp

renegadeimp

Posted
Posted

True. But AF will say to discuss it with the company first. Had it happen to be a fair few years ago.

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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Bazooka Boo

Bazooka Boo

Posted
Posted
True. But AF will say to discuss it with the company first. Had it happen to be a fair few years ago.

OK Not dealt with them myself, follow Rens advice Ian.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ian-d

ian-d

Posted
  • Author
Posted

I guess I'm just going to have to see what happens next and hope they haven't used my address for loads of things.

 

Hopefully credit associated with the address cannot damage my credit rating. I guess this is a regular problem with rentals, but feels horrible when it is your own home which you've owned since day dot!

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Bazooka Boo

Bazooka Boo

Posted
Posted

It shouldn't affect you if they haven't used your name, a credit file is for you, not your address.

 

Just keep tabs on your file and keep us informed of any developments.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo

Bazooka Boo

Posted
Posted
ActionFraud don't investigate anything, ever. They fill a database and run statistical reports.

 

Thank you for imparting your experience, be sure to comment again in 7 years Roy...:spy:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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RoyG

RoyG

Posted
Posted

I've been lurking seven years - wow. The mention of ActionFraud touched a nerve with me. I won't hijack the thread with details, but in my experience the fraud has to be huge before the police will get out of bed. Four figures and a cast-iron ID on the perpetrator just doesn't register. Been there.

 

Another thing the OP absolutely mustn't do is have anything to do with CIFAS. In principle, if you believe you are at risk of identity theft, you can put a 'protective registration' on your name and address, which means a lender should take extra care to check that you are who you say you are. In practice, every credit application that you or anyone else at you address makes will be turned down. They're not supposed to do that, but they don't have the manpower to check and it's simpler for them just to say no.

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Bazooka Boo

Bazooka Boo

Posted
Posted
you can put a 'protective registration' on your name and address

 

Didn't know that! Something to look into and research a bit more...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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