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    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
    • Hi, Thanks for the reply. The only correspondence I've had from them is attached to the post? Apologies if I'm misunderstanding. 
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    • 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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wescot for Arrow global re old egg card debt


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Hello- background:

 

debt dates to 2005 with a pre-approved credit card,

the limit being increased and increased unasked unti 2008 when BAM!

 

Then i set up a debt management plan with the CCCS, and paid into that until feb 2012 and not a penny since.

 

A couple of weeks ago i got a phishing letter from wescot addressed to me at this address asking if the address was correct and saying if they didn't hear back they'd assume it was, no detail as to what it was for.

I didn't reply.

 

Today, letter from wescot saying they have been instructed by their client arrow global ltd-egg, to make contact with me to discuss the outstanding balance (£19,900) and telling me it is essential to contact them within the next 10 days to prevent further action.

 

Now... what do you advise here?

how likely are they to produce a CCA after so long?

It's months away from being statute barred.. should i ignore it?

 

I haven't heard anything for the last 3 years,

i *think* they must have been given new address by old landlord

getting sick of them constantly writing there.

 

They don't have any certainty of my current address,

are they likely to push for a CCJ under these circumstances?

 

Advice gratefully received!

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instructed by their client

 

that means they cant do anything so you have no need to respond to them at all.

 

If Egg want to do something then they will have to do so on their own and if Arrows send a threatogram you send a CCA request.

 

They wont have the info so that will run the clock down a goodly amount.

 

Now about the outstanding sum

, do you have up to date statements of what is owed,

what interest was applied and for how long,

what charges were added.

 

Importantly has anything been added to the bill after you defaulted?

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Thanks Ericsbrother!

 

The last info i have is a scan (my scan, don't think i have the actual thing they sent anymore) of a cca i requested in 2013 when i was battling them.

 

Having looked through it,

there is zero mention of my rights to cancel,

and the APR does not state if it is annual/monthly/anything.

 

Kind of thinking as it's dated 2005 it might not be enforceable even if they managed to drag up a copy their end anyway!

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You are in danger of a backdoor CCJ to your old address that you'll know nowt about

And for £12k Arrows will do that

 

That's the idea of these phishing letters

 

Send arrows a CCA request

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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No quite lawful to serve to old address

Its down to you to write to the OC or if sold to the current owner

Of all your debts..not run away

 

Its a gamble you take

And for £12k IMHO they will

 

Just use the search CAG box in the fed top toolbar for

 

Unknown backdoor CCJ

 

And read a few threads

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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Westcott are handling it atm for their client, arrow.

Presumably I contact them.

 

Should i CCA wescott to prevent them issuing a backdoor ccj?

 

i figure that might stop everything until it's statue barred, or, the produce a legit CCA and it goes to court with my knowledge.

Is this the best option?

 

For the record,

i borrowed the money for a "friend" who did a runner,

the fees piled on,

tried to track down the friend,

no joy,

 

couldn't get any criminal charges as nothing in writing

(yes, i was young, stupid and trusting)

 

the credit crunch happened,

i suffered a close family death and had a bit of a break down

--- fast forward to today.

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Wetclothts don't own the debt

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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