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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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      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.

Yet another tale of Woe Re Welcome Finance

BrokenBiscuits

By BrokenBiscuits
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hillards

hillards

Posted
Posted
I've had a quick look but can't find the statute barred letter, can I be a pain and ask where I find it, pretty please.

 

Click Library at the top of the page

Debt Collection section

look down the list for "Letter to be sent when debt is Statute Barred" ;-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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dx100uk

dx100uk

Posted
Posted

might be an idea to look at the new CONC rules the FCA have put out too on SB debts

 

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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BrokenBiscuits

BrokenBiscuits

Posted
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Posted

Phone call today from a cheeky upstart saying he was from "The Lowell Group".

 

Are they part of the other mob?

 

Despite him telling me in a very rude manner that they have written to me.

 

Had nothing the Lowel Group,

 

only the ones last week from Redhill.

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hillards

hillards

Posted
Posted
"The Lowell Group"

Based in Leeds, well known debt collection agency who will also use the names Red Debt, Hampton Legal and others. Worth ignoring just as much as any other DCA :-)

 

Don't discuss anything with them on the phone, don't even confirm your name or whatever else they ask. They tend to give up phoning after a couple of months. Yes, they can be a pain for phoning several times a day, often silent calls.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hillards

hillards

Posted
Posted
Yes, I've heard of them but are they related to the Compello lot who have been harrassing me?

Not part of the same company, Lowell's parent company is in Luxembourg. Then again, if you consider inbreeding...

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hillards

hillards

Posted
Posted
This cheeky b*****r who rung me said, "We will continue to call you" I just said "knock yourself out".

 

There have been many suggestions about how to entertain yourself when taking calls from Lowell and such - whatever they say answer back with something obscure like "I quite fancy sprouts for dinner" or "my poor cat is scared of mice y'know" - amazing how quickly they hang up :-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hillards

hillards

Posted
Posted
Well why would they be ringing me I wonder. I don't have any other defaults. This car loan is the only thing I've ever had.

Debt Collection is like musical chairs, accounts get passed from one company to another. If one company has not had any luck in getting you to cough up then they pass it to another, and another...

 

If it is the same thing and Lowell have it now then you can expect rude phone calls in Scottish from Mackensie Hall and demands from Scotcall, who have a lot of invisible doorstep callers, at least I've never seen one despite the number of times they've said someone will be calling...

 

From there it could go to any of their pals in the same game. You could have gone down the route of checking if they had any right to be contacting you at all, to sending them letters to stop phoning you, to informing them the debt is statute barred - only for them then to simply pass it to the next barrel of monkeys to play with.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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dx100uk

dx100uk

Posted
Posted

compy are MKDP or MKRR in sheeps clothing

 

which is who i'd expect to own an old welcome debt.

 

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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hillards

hillards

Posted
Posted

The Muck Hall gibbons are based in Kilmarnock, you have something to look forward to there... :-) Shouldn't be long before they start to call.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 4 months later...
BrokenBiscuits

BrokenBiscuits

Posted
  • Author
Posted

Got in today and have received a letter from MKDP, this must be the 3rd/4th outfit who's had a go at this.

 

It starts by saying 'Despite previous communication from us...' that's just completely untrue, I've never heard from them.

 

 

I've heard from several of their other 'pen names' but never them.

 

 

apparently they have 'traced' me.

 

 

A bit of a waste of time, all their other outfits seem to know where I am, I've not gone anywhere for years.

The debt now appears to have gone up to nearly £8k!

 

I wonder how many letters I'll get from this lot before they pass me on, or are this lot the 'heavies'? :wink:

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dx100uk

dx100uk

Posted
Posted

they all say 'previous communication from us.

 

 

its a way to make you ring them.

as they are lying and you want to vent.

DONT

 

 

and they are all the same

 

 

none are 'heavier' than any other. urban myth

 

 

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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