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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.
Latest activity

Tracegreen Finance Liverpool - issues with Hackney CAB on HP in 2009.

daval1980

By daval1980
in General Legal Issues

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daval1980

daval1980

Posted
Posted

I have an issue with a company called Tracegreen Finance in Liverpool regarding a Hackney I bought from them on HP way back in 2009.

 

Long and the short of it is

 

 

I defaulted on my payments after I had paid 2/3's of the agreed amount which was initially £25,000.

I contacted Tracegreen to request my outstanding balance but they never got back to me

and to be honest I was unable to keep up with my repayments.

I fully expected them to start with repossession proceedings but this never happened!

 

 

Some two years or so after my final contact I was involved in a crash and the vehicle was written off.

I received a payment from my insurance company for the write off and subsequently left the cab trade for a "proper job".

That was 18 months ago now and still I had received no correspondence from Tracegreen.

 

Three weeks ago I had a knock on my door and it was some big burly bloke asking for the cab,

saying he was here to repo it as I had defaulted on my agreement.

 

 

After explaining it had been written off etc and explaining I had received a pittance for it

he informed me I owed over £4000 on the agreement and said a court order has been sent a few months previous

but was returned as addressee "gone away".

 

 

I assured him I had received nothing, which I had not, and asked him to send it to me again with a run down of all my payments etc.

 

I received this today but in the letter they are claiming they will involve the Police if I do not stick to my original payments.

I explained when he was at my house I would not be able to do this as I was only earning just above national minimum wage.

 

My main question is can they involve the Police in this matter?

 

 

I appreciate the vehicle was not legally mine when I was written off but surely this is a civil matter for the courts?

I am also very dubious the letter is even legal.

 

 

It refers to the court order and their solicitors but they have not attached these letters nor enclosed any official documentation regarding my agreement.

I have heard rumours Tracegreen went bankrupt a few years ago and feel this is just a ploy to get money from outstanding debts and they know they have no legal recourse in this matter.

 

Any advice is gratefully received

 

Thank you

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BankFodder

BankFodder

Posted
Posted

I suggest that you write them a very clear letter stating that as you have already told the person who visited your property that you have never received any documents in relation to this matter whatsoever and that as they now refer to a court order, you require them to provide you with details of the court order plus any other correspondence which they claim to have sent you.

 

Tell them that you are not prepared to enter into any other correspondence about it until they provide this information to you and that if they want to go and involve the police then they are welcome to do so and you expect them to show the police your letter.

 

If you receive a visit from the police, you will certainly show them a copy of it.

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daval1980

daval1980

Posted
  • Author
Posted

I was more worried that the Police may see it as either fraud or theft on my part, seen as I was given a payment for the vehicle being written off and Tracegreen are claiming it was still their property?

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i hate bailiffs

i hate bailiffs

Posted
Posted

The police will not be onto this

 

Worse case is they will issue court proceedings and you may end up with a ccj against you

Any one who knocks on your door has little if any powers at all

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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steampowered

steampowered

Posted
Posted

Non-payment of a civil debt is nothing to do with the police. Tracegreen are on the FCA register and regulated, to be honest I would think that threatening to call the police when there are no grounds to do so would be a breach of the regulations governing them.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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daval1980

daval1980

Posted
  • Author
Posted
Non-payment of a civil debt is nothing to do with the police. Tracegreen are on the FCA register and regulated, to be honest I would think that threatening to call the police when there are no grounds to do so would be a breach of the regulations governing them.

 

I've searched on the FCA site but can't find any trace (excuse the pun) of them. Can you tell me what info you have found please?

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dx100uk

dx100uk

Posted
Posted

you are not the only one that is or have had issues with tracegreen and their CAB financing 'scheme'

 

 

I would not entertain the bloke at the door again

 

 

no powers repo guy I expect

out to line his pockets.

 

 

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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