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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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      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.

SCM solicitors - and CCJ on old LLoyds credit card debt - how much have i paid?

iwannaclearmydebts

By iwannaclearmydebts
in Lloyds Bank

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iwannaclearmydebts

iwannaclearmydebts

Posted
Posted

Hi all,

 

Its been a while since I posted on CAG, however I have always kept an eye on the forums regarding DCA activity!

 

I need some help, probably rather simple, however I hope someone can point my in the right direction?

 

I have been paying an old CCJ (Lloydstsb creditcard debt) to SCM since 2007 and would like to find out how much I have left owing as I have never heard from them prior to the standing order being sent up in the same year.

 

Does anyone know the contact address or telephone number for them?

 

Also, on a separate note I have never checked statements for charges / interest, so would this still be possible or even worthwhile looking into now?

 

Any help is always appreciated.

 

Many thanks.

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maroondevo52

maroondevo52

Posted
Posted

 

Does anyone know the contact address or telephone number for them?

 

Department SO

PO BOX 499

Second Floor

Three City Park

The Droveway ,Hove

East Sussex

BN3 7AU

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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iwannaclearmydebts

iwannaclearmydebts

Posted
  • Author
Posted (edited)

Hi Maroondevo52,

 

Appreciate the quick response.

 

On a debt like this is it worth a SAR to them and in your opinion would it be worthwhile this far into paying it off?

 

Many thanks,

 

iwcmd.

Edited by iwannaclearmydebts
typo error
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dx100uk

dx100uk

Posted
Posted

urm by law your should be receiving a statement better than annually....

 

scm ae Lloyds so what is going on here.

 

sar Lloyds

 

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

yes that's what I thought too seq.

 

somethings not right here with this

 

beginning to smell

 

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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AndyOrch

AndyOrch

Posted
Posted
And as far as I'm aware I'm pretty sure they cannot add contractual interest if they don't supply that notice? Someone more clued up than me can clarify that.

 

 

Pre litigation ....post litigation would depend on the the judgment and the original T&Cs of the agreement.

We could do with some help from you.

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sequenci

sequenci

Posted
Posted
Pre litigation ....post litigation would depend on the the judgment and the original T&Cs of the agreement.

 

Isn't it the case that contractual interest on post octomber 08 judgments cannot accrue as part of the judgment anyway?

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AndyOrch

AndyOrch

Posted
Posted

Not sure what relevance it is to this thread Seq as the OP has not raised that but for reference:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?139880-Warning!!-PJI-Post-Judgment-Contractual-Interest

 

Regards

 

Andyorch

We could do with some help from you.

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iwannaclearmydebts

iwannaclearmydebts

Posted
  • Author
Posted (edited)

Hi All,

 

Thanks for your comments and thoughts on this matter.

 

The CCJ was back in 2005/2006 and is not on my credit file.

It was for a Lloydstsb creditcard debt £13k if I remember correctly.

I don't know f their was or still is any charges / interest applied as I have never SAR 'd them

and I have never had a statement or contact at all from them since prior to judgement.

 

I pay £100 / month (it was £150 / month until I reduced it due to personal finances in 2007).

 

So, I really have no clue as to what is left owing, how long I need to carry on paying etc.

 

Also, I had an old overdraft with Lloydstsb, which I defaulted in 2003

(around £5k after charges / interest and still taking DD for old loan) and have never been contacted by them on this,

so would it be risky to SAR Lloydstsb directly possibly stirring up a wasps nest?

 

Many thanks for any input you can give me as I do understand there are a lot of people with more pressing situations on CAG.

 

BR,

 

iwcmd.

Edited by iwannaclearmydebts
incorrect spelling / missed words
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AndyOrch

AndyOrch

Posted
Posted

The problem we have is that once a CCJ is in place and payments are being made

there is no accounting from most of if not all Judgement creditors.

 

This also applies to Consent/Tomlin Orders there is no accounting or statements provided.

 

I assume that this is because the debt has been wrote off and tax relief claimed on the bad debt that those payments are miscellaneous and unaccountable.

 

There is no requirement to supply statement or notice of arrears as the agreement has now ended and been replaced by the judgment.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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AndyOrch

AndyOrch

Posted
Posted

Yes or use your own estimate...Judgment date x £ x Mths Paid =

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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