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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.

Cabot chasing an old MBNA debt I don't recall having

Shazzadms

By Shazzadms
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renegadeimp

renegadeimp

Posted
Posted

its called a phishing attempt. They dont enforce legit debts, so ignore for now but do your homework.

 

Theres no point sending a letter if you dont know what the debt is about, and if they want to enforce it, then they have to provide details of it.

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

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renegadeimp

renegadeimp

Posted
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I would advise, dont respond to them for now. If you absolutely want to, you could send a prove it letter. And keep the SB letter if theyre stupid enough to call your bluff.

 

The prove it letter denies all knowledge, plus puts your address on file so they cant get a claim by the back door.

  • Confused 1

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

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renegadeimp

renegadeimp

Posted
Posted

SO you have a CCJ for the debt?

 

Is cabot the named collector on the CCJ?

If not, then tough luck to them.

 

ALso, they dont chase enforceable debts,

so theres definitley something wrong with it.

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

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renegadeimp

renegadeimp

Posted
Posted

Go check your credit file.

 

Also, get on to the court and find out exactly who owns the debt and who the named claimant is.

 

If its not cabot,

then theres nothing they can do if they arent substituted for the claimant.

If they are, then you need to do your homework.

 

You also need to check 100% if the debt was fully paid, and not just a guess.

 

Also,

who was the named claimant you were paying.

A solicitor? if so, who were their clients?

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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renegadeimp

renegadeimp

Posted
Posted

you dont sar a dca because they have no info on the debt. They only have youre name, address, and basic debt info on a spreadsheet. They wont even have the actual paperwork needed to enforce any debt until you legally request it, then they have to request it from the OC.

 

its a very very shady industry

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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renegadeimp

renegadeimp

Posted
Posted

If they have your address then they have to send a fair bit of notice, and go through as lengthy procedure.

 

If this ever happens, we'ill help you every step of the way.

Right now though, theyre just phishing. Don't bite.

 

As for following the law...

Nah DCA's rarely ever do that.

 

Which is why they bluff and lie.

 

SOme even have the nerve to go to court on the court date and beg you to settle in the waiting room.

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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