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Good afternoon. I've read a few threads briefly regarding a dmp with stepchange and was 95% complete with setting one up when I noticed the advice of letting things default instead and/or managing a dmp yourself. My current situation is the following £470 owed to Jacamo. Has not defaulted. Currently on a £10 payment plan with them for 12 months. Not sure what to do here £2700 owed to Vanquis - Credit Card. Has not defaulted and I have not missed payments. I am unemployed and even making a £200 payment from my benefit means £80 odd gets eaten thanks to interest. Guessing I let this default and then set up a payment plan after? £2500 owed to Lowell who bought from Very and passed on to Overdales after I ignored them. Last payment to Lowell was 30th November 2022. Plan here was to fight them in small claims court if it ever gets that far, assuming the worst. Any advice is very much appreciated, thank you. -
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Ok, so they will look back a max of 1 year's record and ask me to tick which ones were used by me?
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By honeybee13 · Posted
Not prison, no. That has never happened here. I think they can look back a year on their system and you'll have something like TiredDodo did when they were summoned to court. With a year's use, I'll be amazed if you don't have a court appearance. HB -
do you know how far back is the journey they can produce ? also, i will have to tick against their list. am i going to be imprisoned??
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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.
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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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