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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.

Co-op Current account/Personal Loan merged upon default.

Tim-S

By Tim-S
in Cooperative Bank

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Tim-S

Tim-S

Posted
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Tim... who is the complaints advisor here who is dealing with it?

Id give them a little chance here, I actually think Lowell's CR is reasonable for what Lowell are.

 

But also i agree that it should be kept in writing :), But like i said they did wonders for me :)

"Robert Sharman".

I've had a belly full of them lol.

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fkofilee

fkofilee

Posted
Posted

Im not surprised on this one :) , While i despise the gits, they are still pretty reasonable (Customer Relations that is) in my view compared to most companies...

Think you should respond with in writing only etc... Then itll stick there

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Tim-S

Tim-S

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Im not surprised on this one :) , While i despise the gits, they are still pretty reasonable (Customer Relations that is) in my view compared to most companies...

Think you should respond with in writing only etc... Then itll stick there

I'm not daft enough to discuss anything like this over the phone.

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  • 3 weeks later...
Tim-S

Tim-S

Posted
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Ok, quick upon and a little advice needed.

 

I received a letter from Lowells dated 8/4 saying they were in receipt of my CCa request and may take a little longer to process due to them having to getting in contact with the original creditor etc. They also said they are requesting a copy of the CCA along with statements.

I filed the above under ignore for now.

 

Ok, regarding the SAR, it was delivered to them on the 16/4. Its almost 40 days, and still no sign of it. I do have a mail redirection in place as i have moved. What happens once the 40 days has elapsed?

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ims21

ims21

Posted
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Ok, regarding the SAR, it was delivered to them on the 16/4. Its almost 40 days, and still no sign of it. I do have a mail redirection in place as i have moved. What happens once the 40 days has elapsed?

 

There is a failed SAR letter in the CAG library which you can use.

 

You are also at liberty to file a complaint with the ICO.

 

If you wish you can sue to force compliance.

 

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Tim-S

Tim-S

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A CCA has 12+2 days. They have responded within the timeframe and said it may take longer. Is this allowed? I would assume that they are just dragging their heels.

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  • 3 weeks later...
Tim-S

Tim-S

Posted
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I sent the failed letter for the SAR and they replied today and i'm a tad confused.

 

They said they sent the response last month, but i didn't receive it. They included a copy of the letter and it said:

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal data held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject Access Request under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

 

So is this all they now hold on me, just empty husks of accounts?

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ims21

ims21

Posted
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You say you didn't receive the bank's response with their file of your data?

 

Following the receipt of the above letter I would be checking where they sent it and letting them know that you have not received your data.

 

You might also like to contact the ICO as the Co-Op may be playing silly whatsits.

 

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Tim-S

Tim-S

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You say you didn't receive the bank's response with their file of your data?

 

Following the receipt of the above letter I would be checking where they sent it and letting them know that you have not received your data.

 

You might also like to contact the ICO as the Co-Op may be playing silly whatsits.

No, what i read it as, was that was a copy of the letter i didn't receive.

 

I can post up a copy of the letter i received today?

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Tim-S

Tim-S

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Letter today:

 

Re: Account number: 123456789, 123456789, 1234567889

 

 

Thankyou for your letter requesting information for the above accounts.

 

According to our records, all your available personal information which you are entitled to receive in response to the Subject Access Request under the Data Protection Act relating to the above numbered accounts was sent to you on 01/05/14 at below address, a copy of the letter is enclosed.

 

*MY OLD ADDRESS* (I have a redirection in place)

 

Please advise which information we have not provided so in order to process your request.

 

If you have any issues or queries, please do not hesitate to contact me.

 

I trust this information will be useful to you.

 

 

 

Copy of the letter enclosed, that they sent but didn't receive.

 

THIS IS THE SAR

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

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ims21

ims21

Posted
Posted

Ok so my understanding was correct...you did not receive your SAR data

 

Copy of the letter enclosed, that they sent but didn't receive.

 

THIS IS THE SAR

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

 

So post #34 applies.

 

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Tim-S

Tim-S

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Ok so my understanding was correct...you did not receive your SAR data

 

 

 

So post #34 applies.

When I spoke to them a few months ago, they told me the systems had been updated and some stuff wiped.

 

Do I contact the co-op again? Or straight away take it higher.

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ims21

ims21

Posted
Posted

Tell them that you have received nothing despite their claim that they have sent you stuff.

 

Give them 14 days to respond.

 

If they don't then get on to the ICO.

 

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SabreSheep

SabreSheep

Posted
Posted

Wait, you have mail redirected.

 

Have you informed them previously of your current address

 

They may have sent your information via courier to your *old* address. I'm not sure that would necessarily get redirected? Hopefully someone can confirm that,

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Tim-S

Tim-S

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This is a copy of the letter they originally sent out. That's it:

 

 

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

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  • 2 weeks later...
Tim-S

Tim-S

Posted
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I have received another response from Lowell. And its almost IDENTICAL to one i received almost 3 weeks ago.

 

The jist of it says, we haven't completed our investigation yet, please allow another response no later than 8 weeks from the date of your complaint.

The letter saying they had received my complaint was dated: 25th April, which means the 8 weeks expired last Friday, and they sent the letter on the Thursday.

 

They are in default of their agreed 8 weeks for completion.

 

So what to do now. Is an S10: http://www.consumeractiongroup.co.uk/forum/showthread.php?387321-S10-Notice-To-Cease-Processing-of-Data

 

Something that could be sent. I will also be looking into reporting the the to the FOS.

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  • 2 weeks later...
Tim-S

Tim-S

Posted
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Wait, you have mail redirected.

 

Have you informed them previously of your current address

 

They may have sent your information via courier to your *old* address. I'm not sure that would necessarily get redirected? Hopefully someone can confirm that,

You were right. There was a whole reem of paperwork at my old address delivered via courier.....in May.

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Tim-S

Tim-S

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I have received another response from Lowell. And its almost IDENTICAL to one i received almost 3 weeks ago.

 

The jist of it says, we haven't completed our investigation yet, please allow another response no later than 8 weeks from the date of your complaint.

The letter saying they had received my complaint was dated: 25th April, which means the 8 weeks expired last Friday, and they sent the letter on the Thursday.

 

They are in default of their agreed 8 weeks for completion.

 

So what to do now. Is an S10: http://www.consumeractiongroup.co.uk/forum/showthread.php?387321-S10-Notice-To-Cease-Processing-of-Data

 

Something that could be sent. I will also be looking into reporting the the to the FOS.

I still have received nothing. Guidance appreciated :)

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  • 1 month later...
Tim-S

Tim-S

Posted
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Looking for some advice here on my next move.

 

I sent Lowell the "Prove it letter" in regards to 2 debts they've been chasing me for. They took this as complaint and stopped all collection on both the accounts.

 

I was told that the accounts would be investigated and I'd have a final decision 8 weeks from the date the claim was received by them. The beginning of May!

 

I'll I've got off them is "oh we are sorry it's taking this long, we haven't yet completed the investigation, please bear with us". And I've had 3 of these.

Enough is enough.

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National Debtline

National Debtline

Posted
Posted

Hello there,

 

If Lowell have taken your 'prove it letter' to be a complaint you may wish to take your complaint to the Financial Ombudsman Service now that eight weeks have passed. You can read more on complaining here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Best wishes,

 

David @ National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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unclebulgaria67

unclebulgaria67

Posted
Posted
Looking for some advice here on my next move.

 

I sent Lowell the "Prove it letter" in regards to 2 debts they've been chasing me for. They took this as complaint and stopped all collection on both the accounts.

 

I was told that the accounts would be investigated and I'd have a final decision 8 weeks from the date the claim was received by them. The beginning of May!

 

I'll I've got off them is "oh we are sorry it's taking this long, we haven't yet completed the investigation, please bear with us". And I've had 3 of these.

Enough is enough.

 

Yes you could complain to the FOS, but all they will do is ask Lowell to follow the correct complaints handling timescales. Lowells will come back saying that they have had trouble getting information from the original creditors.

 

Personally I think I would leave it for now and see whether they come back with anything.

 

This appears to be related to your Coop thread. Coop have made it more difficult because of the loan being applied to the current account.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422469-Co-op-Current-account-Personal-Loan-merged-upon-default.&p=4568053#post4568053

 

When approximately did you take out the personal loan ?

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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fkofilee

fkofilee

Posted
Posted

Send a stern email to Sara de tute... And then watch them squirm... If you want her email address, then I can give it to you over PM

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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