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    • No. The defence is different. Their defence paragraph 2.7, 2.8, 2.9, 2.10 – for the first time makes reference to an alleged term between the Packlink/EVRi contract which apparently specifically excludes the effect of the Contracts (Rights of Third Parties) Act 1999. If this is true then it is very likely that they will have closed that loophole because the 1999 act specifically allows itself to be excluded by an express term within the principal contract I think that you will have to do ask the court to require them to provide evidence by way of presenting their contract and also the date that this new amendment was inserted. I understand that your claim refers to an item which was lost a year or so ago. These give us the date. We would certainly want to know that this amendment predates the date when you first contracted with Packlink to send the item. I would want to say to the court that in the absence of their willingness to confirm with evidence the date that this contractual amendment was made, that the court should assume that this was a recent amendment and was therefore not in force at the time you made your contract. We have third-party defences on this sub- forum which are fairly recent and there has been no mention of this exclusion of the 1999 act. I think we can take it that this is something that they have put together very recently. Secondly, even if they want to exclude your third party rights, it does not absolve them from the negligent handling of your item and in respect of an action for negligence you have first party rights. You don't have to rely on third party rights – although of course, you didn't allege negligence in your original claim. We didn't advise you to do so. Maybe shortsightedly we didn't foresee this contractual amendment. Of course assuming that this contractual amendment is true – although I expect it has only been added recently – what they are saying here is that nobody in the United Kingdom who makes any contract with any parcel delivery company using Packlink will have the right to bring a claim for lost or damaged or even stolen parcels. These people have lost their moral compass. It is shabby treatment of ordinary customers who pay their money and who repose their trust in these parcel delivery companies. No wonder that the Paralegal Children are now ashamed to sign off these documents with their own names. In terms of parcel tracking information – apparently it has been destroyed according to their own data protection policy. That's their business. It's got nothing to do with you and they can't use this to frustrate the six year limitation for bring a breach of contract action or the three-year limitation period for bringing an action in negligence or other tort. There reference once again to the exclusion of the 1999 Act but this time apparently in the contract between you and Packlink – is irrelevant because the exclusion has to be in the commercial contract between Packlink and EVRi – which they have referred to in their paragraph 2.7 et cetera of their defence. I'm assuming that you propose to go ahead with this case. Please let us know when you respond and we will go forward. In the meantime, I suggest that you write a letter to EVRi. Referred to their paragraph 2.7 et cetera and asked them for a copy of the contract and confirmation of the date on which the exclusion of third party rights term was included in it. Tell EVRi that if they do not answer or if they refuse that this will be brought to the attention of the judge. Tell them also that you notice that they say that they have destroyed data in line with their data protection policy. Inform them that they do not appear to have disclosed this data protection policy to their customers. Please will they forward you a copy of it and once again if they failed to respond or if they refuse that you will bring this to the attention of the judge as well. I suggest that you post a draft of the letter here so we can have a look    
    • Good morning dx100UK Could I send the update to you privately? Regards
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      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.

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Domestic Violence now left with Major debt - all in my own name


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yes as the guide says.

 

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... 

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Send the OD reply post 3 letter of claim thread

 

Format for what?

 

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... 

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OD 's are not covered by the CCA.

you cant sent a CCA request

 

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... 

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Share on other sites

lloyds?

 

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... 

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Share on other sites

i though you said 3 letters from Link?

 

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... 

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Share on other sites

DX - my apologies, I think I am confusing you.  

 

I have received 3 letters from Kearns (letter before claim). 

 

these are for 3 x Lloyds debts.  1 x Credit Card and 2 x overdrafts

 

I have responded to the PAP using the right forms on the link to the thread you sent me.  I have also CCA'd LC Asset as they "claim" to own the credit card debt and sent them the £1 fee.

 

I couldnt see a letter template that applied to overdrafts, and wondered how LC Asset could demand payment?

 

I am also going to write to my creditors to advise that i am a vulnerable person due to the domestic violence and financial abuse when the debt was accrued, and potentially highlight irresponsible lending, as my debt spiked very rapidly in a VERY short space of time.

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The owner of all 3 Lloyds debts is now LC asset = Link Financial DCA .  Lloyds have sold them on .

 

You have had 3 loc's, one for each debt, you must reply to Kearns, for each one within 30 days 

 

so you've done the cards,  you now do the bank account overdraft.vjust send the one in post 3 of that thread.

 

Don't send anything else nor extra letters regards your situation. They don't and won't ever care. 

 

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... 

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Share on other sites

perfect - have done the cards and the overdrafts.  I am just on the limit for the 30 days (the LOC was dated 29th sept, but received on 3rd October).

 

what do you think Kearns will say?, in your experience what is the usual response?

Edited by Feelingdownandout
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agreements are the key here

 

as for the od , just forget it.

even if they try an OD claim i bet the balance will be 99% fees/interest.?

when was the bank account opened?

 

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... 

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Share on other sites

There are 2 x overdrafts. 

 

I would say I opened the accounts maybe 10 years ago?  If I am totally honest, I don't actually remember.  I know they were joint accounts with my ex-hubby and then after the divorce he took 2 accounts and I took two accounts.  We took each others names off the accounts (with help from the bank) 

 

How do you mean ' as for the od, just forget it'?

 

Edited by Feelingdownandout
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Bank accounts OD's are notoriously difficult to litigate esp as old or older than what you say. 

 

OD balances attract and are mostly made of, unlawful penalty charges and the interest those attract.

 

Plenty of threads to read 

 

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... 

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Share on other sites

there wont be many, but there are plenty of od threads generally, some are even claimform 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... 

Link to post
Share on other sites

85% of the +750'000 speculative roboclaims issued every year are never contested..no human is ever involved or sees anything or checks anything.

 

you need to read up .

 

 

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

  • 3 weeks later...

if you mean your LOC replies , yours is not the next move.

 

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

  • 3 weeks later...

Good Afternoon, 

So, just when I thought that I might be able to breathe a sigh, I have received the attached letters. 

 

Initially I received 3 x LOC.  1 x Credit Card  and 2 x Overdrafts, to which I responded, these are the responses; in order:

 

1.  CCA Unenforceable

2. CCA Pack Received (printed in Link stationery) with just a tick box next to the signature box, and dated 04/09/2019

3. Letter saying CC debt being passed back to Link 

4. LOC response to Overdrafts (2 off) 

5. Further correspondence relating to 2 x overdrafts 

 

 

 

Link CCA Reply Credit Card - awaiting reply from OC.pdf

Link LLoyds credit card CCA enclosed.pdf

Kearns - Credit Card account returned to Link.pdf

Kearns returned to Link (LLoyds OD).pdf

Kearns - Dispute Ack Letter (LLoyds OD).pdf

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