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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.

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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.

Littlewoods / Shop Direct PPI

Baz1994
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Baz1994

Baz1994

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I had a Littlewoods catalogue account in which was paid up and closed in June 2009.

 

I sent the normal Credit Agreement request etc with enclosed statutory payment of £1.

 

Today I have received a reply from Shop Direct / Littlewoods with returned cheque and stating as the account is closed, we are not obliged to send you a copy of the executed agreement or confirm if any payment protection details.

 

However they do state that under Data Protection Act 1998, I am entitled to request copies of all personal data etc if I provide a statutory payment of £10.

 

Has anyone experienced the same ? Are they acting lawfully by not addressing my original request ?

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hillards

hillards

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The CCA request is normally when you are disputing the account with a DCA, asking them to prove that they have any right to be demanding money from you.

 

If you wish to reclaim PPI then you should do a SAR to the OC and they'll then send all the account info they have on file so you can read through and see if PPI even applied.

 

Shop Direct converted some delinquent accounts to loans, where PPI was added. Until you do a SAR you'll not really know, unless you still have the original documents that is.

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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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Baz1994

Baz1994

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The CCA request is normally when you are disputing the account with a DCA, asking them to prove that they have any right to be demanding money from you.

 

If you wish to reclaim PPI then you should do a SAR to the OC and they'll then send all the account info they have on file so you can read through and see if PPI even applied.

 

Shop Direct converted some delinquent accounts to loans, where PPI was added. Until you do a SAR you'll not really know, unless you still have the original documents that is.

 

OK many thanks and presume any signed agreements will be supplied with SAR request ?

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hillards

hillards

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It will be whatever they have on file. Some of these companies are claiming that they do not hold documents over a certain time limit, so you'll have to pay up front and see what comes back,. If they can't send anything then I'd expect a refund, but they don't have to.

 

More is explained if you click on the highlighted SAR link ;-)

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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Baz1994

Baz1994

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It will be whatever they have on file. Some of these companies are claiming that they do not hold documents over a certain time limit, so you'll have to pay up front and see what comes back,. If they can't send anything then I'd expect a refund, but they don't have to.

 

More is explained if you click on the highlighted SAR link ;-)

 

Yes as I have found out previously with others but didn't get a refund . Oh well in for a penny in for a pound and many thanks again.

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