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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      Many thanks 
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    • 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.

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      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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      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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BCW chasing 11yrs barclays account 'just' defaulted? **WON+COMPO**


joeomahoney
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@ Joeomahoney

 

Reading your thread, made me think this may be a case of ID theft

 

I moved house in 2003 and did not receive any communication from the bank in the 12 months I had letters redirected.

It seems once postal redirection stopped, an occupant in your old house received your renewal card/statements and began using it or assumed your ID using postal info still going to address since 2004

 

 

 

they said they did not send me a letter until July 2013 when the overdraft limit (£1800) was reached

This is a clue the account was active until the limit of £1800 was reached and as Barclays got no replies on their repayment requests, they sent a default notice

 

With no response they sold the 'debt' to a debt collector

 

As forum members, we know that debt collectors used their tracing powers and 'found' you at your new address to ask for payment AND we also know they didn’t buy the outstanding balance for a price tag of £1800 but that’s what they want you to pay them! :evil:

 

Pah!

 

If my scenario is correct, proving it was not you should be easy as you have proof you're no longer at that address even though post from Barclays was still being delivered there

 

However, problems may arise because

 

I have not used the account for 11 years, nor have I contacted Barclays

a) Not informing Barclays that you had moved, you may be in breach of your Barclays Customer Agreement

 

See page 2 Section 2.1 Contacting Each Other (Yes you believed account closed, Barclays says otherwise)

 

and

 

b) the outstanding balance is in your name :|

 

Additional proving of ID theft can be when you look at the statements, that they send you following your request, where you can show it's not your usual shopping habits, places, timing etc etc

 

Then again, I could be wrong!

 

I am not a debt advisor, don't work for Barclays just giving my take on your question and another angle to look at your situation

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