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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.

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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.

Cahoot changing default date on old account

Benny1973

By Benny1973
in Cahoot

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Benny1973

Benny1973

Posted
Posted

Hi

 

I have an old cahoot bank account that was started in 2003.

 

It was defaulted around 2008 and never appeared on my credit report until earlier this year when I went on the electoral register at my current address.

 

The default date on this account on my credit file entry in May of this year was 28/09/2010, later than the actual date I would have defaulted on it

but not the end of the world because it would be due to drop off my credit file in just over a month.

 

I logged into noddle today to check my report

only to find my cahoot entry was updated on 9/8/16

and the default date now appears as 31/10/2011 ?!!?

instead of this dropping off in a month it will now drop off 14 months ???

 

Surely they cannot keep changing the default date to make sure this stays on my credit file and never drops off ?

 

This must be against some kind of data processing guideline ?

What can I do about this ?

Write to them and threaten Court action ?

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Benny1973

Benny1973

Posted
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formal complaint to them then, also report to CRA with copy what you have

 

Is there a template letter ?

 

They are intentionally altering default dates so they never drop off imo

 

I also have to be careful of restarting the SB clock

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Benny1973

Benny1973

Posted
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how long before SB?

 

Well i would be going off the first default date they posted which was 28/10/2010 which would have seen SB in a month. Although my last use of that current account would have been way before 28/10/2010.

 

Now they have updated it to a new default date of late 2011 then its not SB till another 14 months.

 

The issue is they shouldnt be altering default dates at all

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Old Cogger

Old Cogger

Posted
Posted

already stated they should not, hence Formal Complaint regarding alledged debt/default, but on the other hand if they are not chasing and you have no need for credit maybe let sleeping dogs lie, also have you the original default notice?

:mad2::-x:jaw::sad:
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renegadeimp

renegadeimp

Posted
Posted

Complaints go to FCA, ICO, CRA's, and consider legal action as well. You aren't the only one they are doing this to.

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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Benny1973

Benny1973

Posted
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already stated they should not, hence Formal Complaint regarding alledged debt/default, but on the other hand if they are not chasing and you have no need for credit maybe let sleeping dogs lie, also have you the original default notice?

 

I dont have the original deafult notice, not sure i was even sent one.

 

They've never chased really, Ive worked hard to clear up my credit report this year as i desperately need a mortgage, got a 2nd baby on the way and need to get out of renting to a bigger property. Was hoping to apply once this had dropped off in 2 months.

 

Can't really let sleeping dogs lie if they are going to log into my credit file every year and add another year on every time they fancy

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renegadeimp

renegadeimp

Posted
Posted

Most prime mortgage companies look for 3 years + of CLEAR and well maintained credit history now. Normally 6+. SUbprime lenders look for less, but you really need to stay well away from them.

 

Get those complaints going, and make sure you send the evidence as well. Also make sure you send a SAR to the Original Creditor so Cabot cannot make excuses.

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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Benny1973

Benny1973

Posted
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situation then make the complaints as stated above make sure you have the evidence and SAR as advised as well enclosing £10.00 SAR fee they then have 40 days to respond failure of which you would go to the ICO as I did with HSBC

 

Thanks for all the advice

 

Is a SAR likely to start the 6 year clock again ?

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AndyOrch

AndyOrch

Posted
Posted

So you defaulted around 2008...do you know the actual month ?

 

It appeared this year on your CRAs as May of this year 28/09/2010

 

It was updated on 9/8/16 and the default date now appears as 31/10/2011

 

Thats extended the limitation period by 3 years and should have fell off in 2014.

 

Andy

We could do with some help from you.

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Benny1973

Benny1973

Posted
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So you defaulted around 2008...do you know the actual month ?

 

It appeared this year on your CRAs as May of this year 28/09/2010

 

It was updated on 9/8/16 and the default date now appears as 31/10/2011

 

Thats extended the limitation period by 3 years and should have fell off in 2014.

 

Andy

 

I don't know the month

 

Would a SAR include the default notice they should have sent me ?

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AndyOrch

AndyOrch

Posted
Posted
I don't know the month

 

Would a SAR include the default notice they should have sent me ?

 

Possibly but if they didn't issue it till late ...its irrelevant...its evidence of your last payment and date of breach of the agreement that more relevant to you at this stage

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 OTHER

 

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

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Benny1973

Benny1973

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Possibly but if they didn't issue it till late ...its irrelevant...its evidence of your last payment and date of breach of the agreement that more relevant to you at this stage

 

This would have been a current account with overdraft though so chance are i wouldnt have made any payments in. As such the default could have been a fair while after i last used the account as its not the same as a loan or CC when you have to pay every month ?

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AndyOrch

AndyOrch

Posted
Posted

Ah okay didn't realise this was a current account...therefore you would or should have received a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974...similar to a Default Notice for loan/CC but normally allows 28 days to come to an agreement to make arrangement to pay any existing balance off.

 

So by last payments ..I meant last service of the account IE deposits

 

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 OTHER

 

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

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Benny1973

Benny1973

Posted
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Ah okay didn't realise this was a current account...therefore you would or should have received a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974...similar to a Default Notice for loan/CC but normally allows 28 days to come to an agreement to make arrangement to pay any existing balance off.

 

So by last payments ..I meant last service of the account IE deposits

 

Andy

 

Don't remember having one of those if i'm honest.

 

Deposits ? It would have been long before 2008 - possible that i last used it to withdraw in 2006/2007 no later than that anyway. I would hazard a guess a deposit was last made in 2006.

 

Is it worth me sending a SAR to find out the details or ring Santander ?

 

The account only appeared on my credit file after i stupidly updated my address on a santander flexi savers account i hold with them.

 

Manipulating the default date is very sneaky of them however

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AndyOrch

AndyOrch

Posted
Posted

DSAR wouldn't do any harm and would provide you with all the ammunition.

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 OTHER

 

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

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dx100uk

dx100uk

Posted
Posted
http://www.consumeractiongroup.co.uk/forum/showthread.php?467106-Santander-DPA-Cahoot-flexi-loan-the-default-was-incorrect

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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