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    • Claiming For A Breach Of Contract Where You Are Not A Direct Contracting Partner The contract is private to the contracting parties – “Privity” The general rule is that only the direct parties to a contract are allowed to claim if there is a breach. This is a very old rule and it is called “privity of contract” which means that a contract is private to the contracting partners. “Privity”can cause injustice This has caused some difficulties and even some injustice where a third party expecting to benefit from the contract might be expecting to receive something, if one of the parties to the main contract doesn’t fulfil their side of the bargain, you, the third party beneficiary can’t do anything about it - and the contracting party who did keep their promise is the only person who can sue and maybe they simply don’t want to. This could be even more unjust if you are the third party who funded the entire arrangement between the parcel broker and the delivery agent. The parcel was lost. Both the parcel broker and the delivery agent are not out of pocket – only you are out of pocket– but under the “Privity of Contract” rule you are not allowed to make a claim against the delivery company which lost or damaged your parcel. The Law Commission Report on Privity Of Contract And Third Party Rights In 1996 there was a report from the Law commission which recommended that in some circumstances third parties should be able to sue under contract even though they were part of the contract. In particular, the Law commission highlighted this injustice:   [The Person Who Has Suffered the Loss Cannot Sue, While the Person Who Has Suffered No Loss Can Sue]: In a standard situation, the third-party [privity] rule produces the perverse, and unjust, result that the person who has suffered the loss … cannot sue, while the person who has suffered no loss can sue.   As a result, Parliament passed a law called the Contracts (Rights of Third Parties) Act 1999 This gives a third party in some circumstances the right to sue for a breach of contract even though they were not a direct contracting party. As a third party, are replacing one of the main parties When the third party uses this third party right, then they have to sue as if they were one of the direct parties to the contract and this means that they are bound by the same terms and conditions of that contract. This means that if it was a consumer contract then they can sue as the consumer with consumer rights. If it was a commercial contract, for instance between a broker and a delivery company, then you have to rely on your commercial rights. Most parcel delivery brokers are in the UK so you can sue the broker directly and this is always the best thing to do. However, there are one or two which are not in the UK. They are outside the jurisdiction of the UK courts and so if you arrange your parcel delivery through a one of those brokers and if your parcel is lost or damaged and if they refuse to reimburse you, suing the broker can be a difficult business and probably impossible. The only thing you can do is to sue the delivery company which lost the parcel but as you didn’t contract directly with them, you will have to rely on your “third party rights”. What the delivery company will say If the delivery company tries to defend the claim, they will probably say that although they did lose the parcel, you don’t have a right to sue them. They will say that you must sue the parcel broker because you made your contract directly with them – but of course we know that that is impossible because your parcel broker isn’t in the UK. You will have to state in your claim form and also explain to the judge that you are entitled under the 1999 Act because it was clear to the broker and to the delivery company that the delivery contract was made specifically for your benefit as the sender of the parcel and also for the benefit of the addressee – who is also a third party – and that it was even you who paid for the delivery anyway. What rights will you use? In a contract where you organised with Packlink, for example, to send a parcel using Evri, Packlink are based in Spain, you would have to sue Evri using the same commercial rights as enjoyed by Packlink. So in a commercial contract instead of relying on the Consumer Rights Act 2015, you would rely on the Supply of Goods and Services Act 1982 which also requires that a company selling a service must exercise reasonable care and skill and if they don’t then they are in breach. Also, in a commercial contract you would rely on the unfair terms provisions in the Unfair Contract Terms Act 1977 and which includes as an unfair term any attempt to restrict or limit liability without any good reason. If you are using your third party rights to sue on a consumer contract then you would be able to rely on the Consumer Rights Act 2015. Making a small claim as a third party is pretty straightforward The the process for bring a small claim as an entitled third-party is the same as any other small claim and pretty straightforward. The arguments are slightly different – but that’s all             Some examples of people who might be excluded by the “Privity” rule but are saved by their third party rights ·        Your friend takes you on holiday. They organise it and pay for it. Your friend’s holiday is great but your room is damp and rat infested. Your friend doesn’t want to claim against the holiday company. You took time off work for this holiday which you won’t get back but you didn’t have a contract with the holiday company.             You would sue the holiday company as third party consumer and rely on your consumer rights.   ·       Your friend uses a parcel broker based abroad to send you a mobile phone with £500. And the parcel arrives, it contains shoes. Your friend has moved to Australia permanently.           You don’t have a contract with the parcel broker so you would sue them as a third party to a consumer contract and                 rely on your consumer rights   ·        You get taken out for an expensive meal. Your host the table and pays for the meal but you get food poisoning. Your host had a great time and hasn’t actually lost anything.              They have no loss to claim but you don’t have a contract with the restaurant.You would sue as a third party to a                         consumer contract and rely on your consumer rights.   ·        You sell a mobile telephone on eBay and send it to your purchaser using an overseas parcel broker to organise the delivery through a UK delivery company. When the parcel arrives the purchaser finds that it contains some books.                 You sue the parcel delivery company as a third party to a commercial contract and rely on your commercial rights  
    • new subheading under paragraph 25 – The defendant is fully aware of third party beneficiaries new paragraph 26 Any denial by the defendant that they are unaware of the existence of third party beneficiaries to their contract with Packlink would be quite untrue. The defendant routinely sends out notifications to parcel recipients informing them the parcel which they are carrying on behalf of the broker is about to be delivered. Please find examples at – bundle X X X, X X X 26. 1) In the absence of any explanation the defendant’s denial should be disregarded.  but in any event,   If you have a look at the pinned thread at the top of this sub- forum relating to third-party rights, you will find several examples of notifications which have been sent by EVRi to the recipients of parcels warning them that their parcel which is being carried on behalf of QVC, Packlink – et cetera is due to be delivered. I suggest that you use a couple of these as examples of how EVRi is completely aware that there are third-party beneficiaries involved. If EVRi tried to say – "yes, we knew that there was a recipient that we had no idea that there was a sender…" Well, could they really be that stupid? I suggest you incorporate that, make the tweaks which have been suggested by @jk2054 and that's it. That would probably be the final version. You've worked hard on it – but hopefully the constant repetition will mean that you are absolutely fluent if it actually goes to court. EVRi are watching this of course and I don't really expect they are looking forward to having a judgement on this against them so I can imagine that they might reach out to you before the trial and make an offer. Have you paid the hearing fee yet? I don't think you have. I can imagine that they are waiting to see if you pay the hearing fee so they know that you are serious. Of course is not guaranteed but I would expect that they will try to prevent this going to trial. You should hold out for every penny. And if they want to make an offer to you under conditions of confidentiality then you should refuse. Confidentiality is not part of the claim. That something extra. If they try to impose a condition of confidentiality then you should tell them that this would cost them extra. I would say thousand pounds is probably cheap for the trouble that a judgement against them will cause them. Keep us updated of any approaches by EVRi – either on the forum – or by email if you prefer to admin email address. Let's see your final version
    • Hello I’m also going through the same at the moment for £300. Icon went quiet for a month or so but just received another text this morning to say “Notice of likely CCJ/Enforcement due to non-payment”. I’m still ignoring as per all of the threads on this but every time I get a text I still like to have a read up just to check advice hasn’t changed so good to read this thread! Thanks
    • They have now closed the account.
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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.

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Arrow defaulting a vanquis debt


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Hi there

 

I was on an arrangement with vanquis for a number of years paying something like 5.00 per month . Recently I noticed they sold the debt to company called arrow.

 

I haven't paid this debt in a long time. I now notice arrow have now placed a default against me.

 

When I was on an arrangement with vanquis all interest and use of the card was stopped.

 

Should this account not have been defaulted back when this arrangement was set up? 

 

the default is for 109 pound which in the grand scheme of things is not alot but just looking for any advise on how I approach this?

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Arrows can mark the calendar section but cant issue a default notice nor change the defaulted date vanquis did or should have registered before or upon sale.

 

did you get a default notice from vanquis years ago?

why not send them an sar and find out?

 

when was your last payment and have you moved since taking this card out and not informed vanquis?

 

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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I am not sure if they issued me a default notice, is there a sar template that you would recommend sending.  I have moved address since take the card out but did update this with vanquis at the time.  I can't be too sure but I think last payment may have been 2019

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Click sar

is there a defaulted date registered on your credit file? and when did you get the notice of assignment from arrows

 

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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well somethings not right a debt buyer can't register a defaulted date they are not a creditor and the agreement under the CCA would have been terminated upon sale by vanquis.

 

there should or used to be a summary line showing the status of an account on credit files, name of who owns the debt, the date you took it out, outstanding balance and a defaulted date dd/mm/yyyy, but with all the changes with these free providers of your file now, it seems they don't display these correctly.

 

i would suspect if you pay the £2 for a paper version of your credit file from one of the main orgs like Experian, Equifax or the other one, that might clear things 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... 

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Just sign up on equifax and arrow have the default date at 22/02/2021 . So going by this it looks like arrow have issued the default 

 

What would you recommend doing at this point to remove the default.  Would it be easier to just clear the payment 

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so you now have a line on the debt summary page that says ....Date defaulted = 22/02/21?

 

you can't remove a default, it's there for 6yrs paying or not or paid or not.

 

did you get that sar running

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 not yet but as u say if they are not the original creditors then how can they register the default . 

 

I will send a sar tomorrow.  U recommend doing it by letter?

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yes 1st class letter only and get free proof of posting from any PO counter to prove you sent it

 

so as i explained carefully above.... no registered default, just a D in the calendar, which only you and the debt owner can see not people doing a credit check.

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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  • 2 months later...

issuance of a default notice in the account/operators notes.

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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scan one up to PDF read upload carefully

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

please don't use hosting sites that report as phishing dangers. i suggest you use 360 total security and scan your device

 

This site has been reported as phishing website. Exchanging sensitive or confidential information with this site could put you at risk of identity theft and/or financial fraud. We strongly discourage visiting this page.

You are visiting: https://ibb.co/mFfwfPS

 

use the choose file link at the bottom of our msg boxes and upload it.

 

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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  • 5 weeks later...

thats not the default notice 

thats the cover letter for one, 

so scan that up as well and can you just redact your pers details / ref no but leave dates £'s etc its the format/layout of the DN thats important too

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

need the date the letter or the covering letter was sent. not the remedy date

under section 87 of the CCA they must give a clear 14 days .

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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that's better, so the dn is compliant, and the registered default date should have been around 7th jan 2015.

that should be detailed in the debts summary details on your credit file and should mean the debt should no longer show on your credit file as the default has exceeded it's 6th birthday.

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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write by royal mail...Copy the 2 sheets wirh a letter to arrows. Give them 14 days to remove the account forthwith from all credit ref files or you will raise a serious complaint with the ICO without further notice and be seeking financial compensation for damage to your credit worthiness.

 

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

you need to also to be reading up

use our enhanced google search box

 

vanquis default

or 

default

 

cag is about self help too.

 

 

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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Thanks for the help again Dx 

 

I had a look through the forum . It really is a fantastic tool and people like yourself are a credit to the site 

 

I have drafted the below letter that I indeed to send Arrow.  

 

Dear sir / madam

 

I am contacting you today in reference to a default that you have placed on my credit record incorrectly

 

Please find attached letters received from. Original creditor  vanquis in relation to the acc no xxxxxxxx obtained from a SAR request

I was issued a default notice by Vanquis in 2015 however I can you see that Arrow have placed a default for the same debt in February 2021 over 6 years later.

I am giving your company 14days from the date of this letter to remove the account forthwith from all credit ref files, if you can’t comply with the request I will raise a serious complaint with the ICO without further notice and will be seeking financial compensation for the damage to my credit worthiness.

 

Regards

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