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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.

      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.

Safeloans CCJ on my credit file.

jaylee768

By jaylee768
in Safeloans UK

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jaylee768

jaylee768

Posted
Posted

Hi,

 

Any help much appreciated. Took out a payday loan with safeloans sometime in 2012, can't remember the amount, now they want 675 back even though i borrowed less than 300 thats for sure.

 

They kept contacting me and i basically just ignorec them, was jobless and couldn't be bothered with the hassle which was obviously stupid.

 

Now i'm in a position where i am working and can afford to repay my debts, so i am just asking is there anything i can do to at least fight the CCJ now? If i can't fight it then i will just have to accept it.

 

Any advice please? Maybe there is something i can use against them?

 

Thanks

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renegadeimp

renegadeimp

Posted
Posted

If theres a CCJ on file and it was sent to the address, and you ignored it, then theres not much that can be done. You could ask for a variation order so you cna pay according to your means, but if it was entered correctly, its there to stay.

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

:D

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renegadeimp

renegadeimp

Posted
Posted

You can get a certificate of satisfaction when its fully paid. It wont be much better than a normal CCJ but it will be slightly better.

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

:D

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jaylee768

jaylee768

Posted
  • Author
Posted

I've read a lot of info on safeloans and how they harrassed customers etc, put on stupid interest, and there is still absolutely nothing that could work in my favour?

 

Can safeloans remove the ccj if they had a good reason to do so?

 

If i have to accept it then i obviously have to but even if there is something small i could try then i will try it.

 

Thanks for the help.

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renegadeimp

renegadeimp

Posted
Posted

Nope. If you ignored the CCJ and it was sent and delivered correctly, then you have already had you chance to defend the action. Ignorance or putting your head in the sand is not a valid defence.

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

:D

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renegadeimp

renegadeimp

Posted
Posted

Course there would. When you recieved the initial claim form.

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

:D

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renegadeimp

renegadeimp

Posted
Posted

You could certainly ask the creditor or their sols and see what they say. But with a PDL, i wouldnt count on it, unless they knew it was full of charges.

 

Can i ask if they are chasing you regarding the CCJ, or are you simply worried they might?

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

:D

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jaylee768

jaylee768

Posted
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Posted

It was full of charges so i will get in contact.

 

The last letter they sent me was i believe january 2014 so they have chased it recently.

 

I just want to pay it so it is paid and my creditmisnt as bad.

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  • 4 weeks later...
renegadeimp

renegadeimp

Posted
Posted

If the CCJ is on your file and you pay it, you can get it marked as satisfied, but it will still remain there.

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

:D

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