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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.

MMF - Harrassment at work - old Pounstillpayday loan

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fletch70

fletch70

Posted
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If im honest probably not as it was an online application and they can soon knock up a recon. If they started litigation maybe. Just make sure you do not acknowledge any possible debt. Oddly with most people i have read about they gave said the money was paid into this account etc, with me they just sent an agreement. My view is that MMF will get money out of me when hell freezes over

Any opinion I give is from personal experience .

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renegadeimp

renegadeimp

Posted
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Youd be surprised what MMF can not do. They are masters at not having the correct documentation, but they harass/threaten and intimidate a debtor to breaking point so the debtor gives in and does whatever MMF say.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Constantly troubled

Constantly troubled

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sent the prove it letter and

 

got a response from them today.

 

They have provided a formal notice of assignment and then a separate letter stating the amount borrowed,

when and which account it was deposited into.

 

They have called it a VERIFICATION/FRAUD NOTICE. Is this sufficient?

 

I thought this money had been paid back but have been through my bank accounts

and can find nothing to indicate this is so.

 

Incidentally, it wouldn't be statute barred until next Feb.

 

Thanks in advance

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fkofilee

fkofilee

Posted
Posted

Don't!! This is usual from MMF, Allen recently got the same thing. Appears to be a template with amounts etc that they just key in...

 

You sent them a prove it letter for the CCA correct?? If so, this does not count as correct documentation.

 

To add, it's not long till its Stat Barred correct? I'd leave it until then...

 

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
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Ok, sent the prove it letter and got a response from them today. They have provided a formal notice of assignment and then a separate letter stating the amount borrowed, when and which account it was deposited into. They have called it a VERIFICATION/FRAUD NOTICE. Is this sufficient? I thought this money had been paid back but have been through my bank accounts and can find nothing to indicate this is so. Incidentally, it wouldn't be statute barred until next Feb.

 

Thanks in advance

 

 

Are the bank account details correct?

With those details It is likely it they would succeed with a CC Claim I think.

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fkofilee

fkofilee

Posted
Posted
Are the bank account details correct?

With those details It is likely it they would succeed with a CC Claim I think.

 

You really think so?... I would be shocked if they managed to get this through a claim... I have almost never seen MMF go legal apart from a rare amount of times I can count on 1 hand...

 

We could do with some help from you.

 

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fletch70

fletch70

Posted
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Was the prove it letter the one from the library of a S77 request.

 

In most cases people just send a letter saying I know nothing please prove it.

 

There is no correct documentation at all , they will feel , as a court may that they have fulfilled their obligation.

 

I am not sure what is meant by a template with the amount keyed in?

 

Remember that these PDL's are taken out online so it is all slightly different.

 

Do not for one minute think that I am suggesting paying because I am not.

 

they have sent you a copy of the agreement?

 

A copy of the notice of assignment?

 

Details of the bank account the money was paid into?

 

What they do keep saying, to me anyway ,

 

is that if I dispute that I ever took out the loan then I should report it to the police.

 

What I keep saying to them is that according to the FCA it is their responsibility to make sure the facts are correct

 

They have also tried to claim that I have acknowledged the debt by communicating with them so I felt I had to reply saying no I do not.

 

If they have not sent a copy of the agreement , for £1 you could send a CCA request

Any opinion I give is from personal experience .

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Constantly troubled

Constantly troubled

Posted
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Yes the bank details are correct and they've provided a copy of Fixed loan sum agreement etc. so they have the correct information. I don't want to risk it going legal as I am about 16 months away from my credit report being repaired fully.................any thoughts?

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fletch70

fletch70

Posted
Posted
You really think so?... I would be shocked if they managed to get this through a claim... I have almost never seen MMF go legal apart from a rare amount of times I can count on 1 hand...

 

I do not think we should ever be complacent , remember that the details we get to see on the various forums are just the tip of the iceberg.

To be honest without a detailed defence I have to agree with the Brig but the idea is to keep it out of court

 

Something I have started to tell creditors is that I am on ESA and will not be able to work for the foreseeable future , I have serious debt issues so in reality if the want to make me BR or take legal action that s up to them but is it really worth their while

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
You really think so?... I would be shocked if they managed to get this through a claim... I have almost never seen MMF go legal apart from a rare amount of times I can count on 1 hand...

 

Unfortunately we see only the tip of the iceberg as far is MMF is concerned, the company does have an in house legal department and a staff solicitor and I believe a paralegal too.

 

 

MMF also seems to acquiring a more varied debt portfolio such expansion I think may well lead to more litigation.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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fletch70

fletch70

Posted
Posted
Is there a way I can redact and post these documents online so you can tell me if you think they have enough ammo? Thanks

 

This is what I do, scan the documents then use MS paint to blank out the details. I then use bullzip pdf printer (be careful when installing that you do not get unwanted search engines) to "print" it to a PDF file. It can then be uploaded

Any opinion I give is from personal experience .

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fletch70

fletch70

Posted
Posted
Unfortunately we see only the tip of the iceberg as far is MMF is concerned, the company does have an in house legal department and a staff solicitor and I believe a paralegal too.

 

 

MMF also seems to acquiring a more varied debt portfolio such expansion I think may well lead to more litigation.

 

Well I am gobsmacked , we agree

 

Of course if they do litigate it then becomes a fixed collectable asset and hence increases the value of the company and they can borrow more and expand. What we need is complaints

Any opinion I give is from personal experience .

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fletch70

fletch70

Posted
Posted

Entirely up to you.

Have they threatened to add interest and charges , if so you may be able to tie them up as there is no allowance for interest in a P2P contract

Any opinion I give is from personal experience .

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fletch70

fletch70

Posted
Posted

To be honest it all looks kosher to me and should they go to court they would probably win unless you can show that P2P were irresponsible etc etc. Just one point, it will not become SB until after the due date not the date of signing.

 

Have you ever been issued with a default notice for this account?

Any opinion I give is from personal experience .

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