Jump to content


  • Tweets

  • Posts

    • Interesting question regarding what Government accounts opposition parties have access to, before an General Election. From what I understand, Government department accounts that are published are always lagging behind and would not include some amounts which are classified as 'commercially sensitive'.  Therefore opposition parties and Parliamentrary select committees would not have access to accounts which contain real time up to date information. If a new Government have found £20 billion of spending liabilities they did not know about, this could be true, as £20 billion is not that much when you look at total Government expenditure. Government department are making decisions on spending all of the time and it could be the previous Government were planning tax changes and/or spending cuts to balance the books.  Jeremy Hunt has recently said that if the Tories had stayed in Government and held an Autumn budget, it would have been very difficult to cut taxes as some had wanted.
    • Everyone knows the tories were hiding the costs - and even added 4 billion quid to the taxpayers high interest credit card to fund a chunk of the NI tax reduction - prime example - look at how much cost was hidden re the Rwanda dogwhistle -10 Billion quid     and re the handful of rebels on the benefit limit If the disasters (like the Rwanda rubbish) of Tory dogs being wagged by the extremist minority ERG tail doesn't highlight the issues .. Enlighten yourself here .. (fat chance) Sir Keir Starmer is right to show Labour rebels the door WWW.INDEPENDENT.CO.UK Editorial: Suspending seven MPs following their rebellion over the two-child benefit cap is more than a prime minister flexing his political muscle. It is a...  
    • Trump instigated that didnt he @theoldrouge despite losing the election - and Biden mitigated as much as he could within his boundaries?   "President Donald Trump ordered a rapid withdrawal of all U.S. troops from Afghanistan and Somalia in the wake of his 2020 election loss"   “The order was for an immediate withdrawal, and it would have been catastrophic,” said Rep. Adam Kinzinger, R-Ill., one of two Republican members of the special panel. “And yet President Trump signed the order.”   Trump ordered rapid withdrawal from Afghanistan after election loss WWW.MILITARYTIMES.COM The memo was among the latest revelations from the congressional committee investigating the Jan. 6, 2021, attack on the Capitol building.   Although i agree that Biden should have done more to mitigate Trump driven disasters
    • ok your WS is wrong. Paragraph 16 and 17 says  you did not contract with evri but this is not true - see below  Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency post 251 of occy thread - £844 lost    you should also add a paragraph on donough v Stevenson talking about the fact that even without contract there is still duty of care to goods and by failing to deliver this duty has been breached.   Make those changes and post it back up here and I'll check over things again
    • no we cant add the occy thing because leicster are being difficult people so we're just going to go without it for now
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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
        • Like

Control Account PLC - Court Docs Issued


fkofilee
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2923 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

CAG... I write this with good intentions but its becoming more and more apparent that ignoring DCAs is becoming a bad idea.

Just like the case of Harlands / Zinc and Court, It appears Control Account are issuing claims.

 

I attach the following example...

 

The debtor of another site, which i will not mention was told to ignore Control Account PLC and is now being advised to try and get unequivocal proof of who the legal manager is, statements etc...

 

Its becoming apparent that DCAs that are normally dont even consider legal action are now attempting it.

 

There is a way to deal with these types of claim and using the below advice will steer you in the wrong direction.

 

You haven't asked for proof of who Jenni Westcott works for, a confirmation theirs is FedEx who have brought the claim, which Company paid the Court fee (FedEx or Control Account) etc. etc.

 

You need all this and to remind them you are confirming all the information supplied with the CEO of FedEx (who you will be requesting as a Witness) that they are obliged to sign a Statement of Truth which if proven false is Contempt of Court and will lead to a request for the Court to bring committal proceedings against the individual who signs the Statement.

Please remember that just because an account is with a particular DCA, it doesnt mean you will beable to second guess them.
Link to post
Share on other sites

PDF

 

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... 

Link to post
Share on other sites

The DCA has not issued the claim fkofilee ...FED EX is the claimant... Control Account PLC is the (DCA)/ Solicitor acting.

 

Regards

 

Andy

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 - The National Consumer Service

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

Link to post
Share on other sites

The DCA has not issued the claim fkofilee ...FED EX is the claimant... Control Account PLC is the (DCA)/ Solicitor acting.

 

Regards

 

Andy

 

Hi Andy

 

From looking at this, have FEDEX gone direct with legal action

 

-OR-

 

Have CA PLC done it them selves?

Link to post
Share on other sites

The dca can't they don't own the debt

Bet the letters state our client

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... 

Link to post
Share on other sites

  • 2 weeks later...

Hello everyone,

 

I have just joined as you are commenting on my case :)

thought I join and participate on this forum as there are a few cases with Control Account PLC threatening court action

and members saying that nothing is going to happen.

Well it has!

 

 

I have received the County Court Claim and begin my journey to fight this case off.

The origin of the debt is irrelevant which I won't discuss.

My argument is that Control Account PLC have submitted the claim against me using Federal Express Europe Inc as the Claimant

but with the address of Control Account PLC!

Surely this is abuse of court process and plain fraud IMO.

 

I am happy to share this information with everyone to follow and opinions and suggestions will be greatly appreciated.

The original thread is in the [removed] ,

 

The update so far is that a CPR 18 request was sent and I received a response from Kearns solicitor

just attaching 14 page printed terms and condition document that can be found on a website.

 

 

There are no original invoices, paperwork, and have not responded if it was Fed Ex that authorised proceedings, NOT Control Account PLC.

Kearn solicitors are now the legal representatives.

My guess is that Control Account PLC referred this to them.

 

I am working on my defence which needs to be submitted in 2 and a half weeks.

Link to post
Share on other sites

Daniel welcome...

 

Sorry i poached it from That other site... But it was something that needed to be listed regardless...

 

Lets make a suggestion here. Explain the story in full... Let us know. We will put you on the right path.

If you have time to submit a defence, then please let us help.

Link to post
Share on other sites

Daniel welcome...

 

Sorry i poached it from That other site... But it was something that needed to be listed regardless...

 

Lets make a suggestion here. Explain the story in full... Let us know. We will put you on the right path.

If you have time to submit a defence, then please let us help.

 

Hi fkofilee,

 

It's no problem, I did find it quite funny :-o

 

I'm aware that these forums do get read by the Claimants so I do not wish too discuss sensitive information.

 

 

my defence will be based on procedures not followed from the Claimant and the fact they are not actually Federal Express making the claim but Control Account PLC

so they will be put to the strictest of proof.

 

 

I have been advised that CPR 16 7.3 was not followed because this was a written agreement

and they did not attach any documents, agreements, contract etc.

 

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3,

where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement

should be attached to or served with the particulars of claim

and the originals should be available at the hearing.

Further, that any general conditions incorporated in the contract should also be attached.

The letter from the solicitor did not attach any original paperwork which I guess they would need to rely on court I am sure!?

 

To add I even phoned Control Acount PLC who confirmed they (Fed Ex) sent the claim and wanted full payment upfront.

Link to post
Share on other sites

Daniel

 

The site team have been informed and will be along although it is a weekend.

Give us a few days and see what we can bring on :)

Link to post
Share on other sites

Hi Daniel

 

I have made your post it not its own thread so help can be given specific to you. This is an administrative move, you don't need to do anything

 

-Ignore the above comment, didn't realise you were the person referred to by the OP :)

 

Also

 

Please take anything said on other forums with a very LARGE BUCKET of salt.

 

Regards

 

SS

Edited by SabreSheep
Addition in red

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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.

Link to post
Share on other sites

I honestly couldn't tell you at a glance... Ask the solicitor...

They seem to be owned by Link Financial but I'm sure link wouldn't hold this account. I'd say could be FedEx direct.

 

Looking at the attachment about kearns taking over, I'd say it's direct...

 

And sabresheep says it perfectly... But Not a bucket, more a jcb digger full of salt :p

Link to post
Share on other sites

So the dilemma I have everyone, who is making the claim, Control Account or Federal Express?

 

Very unusual case.

 

The claim has been issued in the name of Fed Ex as the claimant. So I don't see what the problem is.

 

Please, do not place any links to the website that has been mentioned in previous posts :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

The claim has been issued in the name of Fed Ex as the claimant. So I don't see what the problem is.

 

Please, do not place any links to the website that has been mentioned in previous posts :)

 

The problem I have is this.

 

I received the complainant's name and address as:

Federal Express Europe Inc

Central Recoveries

Compass House

Waterside

Hanbury Road

Bromsgrove

Worcestershire

B60 4FD

 

This is the address for Control Account PLC Debt Recovery Agency which had pursued me originally:

Compass House

Waterside

Hanbury Road

Bromsgrove

Worcestershire

B60 4FD

 

I feel that Control Account PLC are using Fed Ex as the Claimants when they are clearly not in order to get me to pay up.

They are nothing more than a Debt Recovery Agency.

 

 

I phoned up directly Control Account PLC from the website number who passed me onto another department

who confirmed that the Court Claim was issued by 'them'.

Who is them?

Fed Ex or actually themselves that just stuck in the Claimant's name under their address?

 

I phoned up the number on the claim form 0870 145 3436 and had automated response that I had reached 'Central Recoveries', NOT Fed Ex.

 

A CPR 18 form was sent to clarify who has actually made the claim, Fed Ex or Control Account?

Who Jenni Westcott was (Legal Manager on the Claim form)

and if she was duly authorised to initiate proceedings for Fed Ex?

 

 

I requested for the contract and documents constituting the agreement to be attached.

 

The response I received was from Kearn's solicitor attaching a printed terms and condition which can be found on Fed Ex website

and they are now the legal representatives, nothing more!

If they were Fed Ex why didn't they send a copy of the original documents?

 

That is my problem, I'm not sure who they are and if Control Account are attempting to be crafty by sticking in Fed Ex as the Claimant.

 

I'm not attempting to be difficult,

I would like some clarification on who do you think made the claim and what your reasoning is behind all this.

Link to post
Share on other sites

Is Control Account a department within Fed Ex ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

If Fed Ex wanted to make a Claim directly against me I am sure they would had used one of their companies' solicitors?

I think it is very unusual to pass the debt to DRA Control Account to recover the funds, then later decide to make a County Court Claim :???:

 

Control Account deal with parking tickets as well as DHL.

So what's next, a Court Claim made by DHL under the Control Account address?

 

To all those that have received letters from Control Account and mocking them off,

could this be a new start for County Court Claims, or is it another one of their crafty techniques? :x

Link to post
Share on other sites

I have been trying to find the Registered/Head office in the UK for Fed Ex and it doesn't appear to be on their website.

 

The claim should be issued from that address.

 

They would then use a solicitor to communicate with you.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

OK from what I can work out.

 

Fedex have contracted Control Account to act as a DCA on their behalf. Therefore they were an Agent for the Claimant.

 

After failing to get the amount paid they have returned it to Fed Ex

 

Fed Ex have now issued a claim in their own name

 

They have also changed their legal representation in the matter.

 

 

You need to focus now on defending the claim.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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.

Link to post
Share on other sites

Also please visit this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Paste the answers to the questions there in this thread so everyone who wants to help you can see where in the process you are

 

 

Also as this is a claim, the thread will be moved to legal forums to help the right people see it easier. This is an Administrative move, you do not need to do anything in regards to the thread move.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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.

Link to post
Share on other sites

Service is acknowledged.

I now have 2 1/2 weeks to submit the defence.

 

 

I have a draft one formed.

But what I really need to know is who is the Claimant, Control Account PLC or Federal Express Europe Inc.

 

 

If it is Control Account PLC then obviously is a serious abuse of court process.

 

 

If it is Fed Ex directly then there would be an alternative defence which is not relevant to this discussion.

 

 

All I wanted was opinions was who sent the claim :)

 

 

Anyone can use another party's name on the Claim form and then instruct a solicitor to act on their behalf, my two cents.

 

None of these addresses were used on the Claim form.

 

FedEx UK Head Office is:

Parkhouse

Industrial Estate East Chesterton

Newcastle-under-Lyme

Staffordshire

ST57RB

 

The Claimant name Federal Express Europe Inc is:

Sutherland House

Matlock Road

Coventry

CV1 4JQ

Edited by Danielx
Link to post
Share on other sites

It sounds like the claimant listed on the claim form is Fed Ex. It is worth challenging whether Control Account have authority to represent Fed Ex. You can ask them for evidence that they are entitled to pursue this debt on behalf of Fed Ex. It is entirely possible that they do have this authority. Fed Ex may have outsourced their debt collection functions to Control Account.

 

I do not think your entire defence should resolve around this point alone. If you do not feel that a debt is owed to Fed Ex, you should also contest the substance of the debt.

 

FedEx do not necessarily need to have a signed contract. Although if there is no signed contract, you might be able to contest the terms on which goods or services were provided. The basic legal position is that where goods/services are provided without a contract, you are required to pay a reasonable price for them. It is difficult to comment further without knowing what you are actually being sued for.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...