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    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
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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.

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Lost Ebay Parcel Tuffnells/Interparcel - PAPLOC/Clainform against tufnells issue - they tried to set aside - lost - now going bust!!

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Any advice much appreciated...

I sold an item on Ebay.  It was an above ground swimming pool which the buyer paid £900 plus £60 delivery.

Ebay took quite a chunk in fees which left me more out of pocket than I anticipated.  I therefore looked for the cheapest courier.  

I booked Tuffnells via Interparcel.  I opted not to take insurance as it cost £35 and I had a quick google and found I could buy £900 worth of Parcel insurance for £10.  However when I went to do it, they didn't cover Tuffnells, so upshot was parcel was uninsured.

It was collected from my property all ok, boxed up and very heavy as driver needed trolley to get it to the lorry.  However when delivered to the customer, she reported the packaging being ripped and the courier being unable to lift the parcel.  The customer contacted me a couple of hours after delivery to report that the main component of the box - the swimming pool liner - is missing.

I have contacted Interparcel who have contacted Tuffnells.  I am unable to speak to Tuffnells directly as they are hiding behind the fact I booked through Interparcel. 

Obviously, if the liner is not found and the item is 'lost' - I will have to refund my buyer and will therefore be £960 worse off.

I have seen there have been a few people taking cases like this to the small claims court.  

Would this case be eligible and what would I need to prove?  

I have the tracking details and the buyer took photos of the contents of the box minus the liner.  

I have pictures of the box prior to collection. 

I look forward to any advice.

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  • 1 year later...

I’ve been following this thread with interest.

I have a hearing tomorrow in a third party rights claim against Tuffnells regarding a lost package booked through interparcel. 

I’d like to cite previous successful cases - the 3 Evri ones centring on insurance and this 3rd party rights case.

Would you please be able to repost the judgements or quote the case names?

I’m unable to open the links in this thread. 

thanks in advance. 

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2 hours ago, joeyk44 said:

I’ve been following this thread with interest. I have a hearing tomorrow in a third party rights claim against Tuffnells regarding a lost package booked through interparcel. 
I’d like to cite previous successful cases - the 3 Evri ones centring on insurance and this 3rd party rights case. Would you please be able to repost the judgements or quote the case names? I’m unable to open the links in this thread. 
thanks in advance. 

Start your own thread urgently and tell us the story in a chronological bullet pointed form.


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court hearing tomorrow in 3rd party rights dispute. Saw there was a successful outcome recently and wondered if judgement is available for me to evidence.

I originally posted details of the issue but did not receive any advice. (link to post below)

I issued claim against Tuffnells on 3rd party basis as they are the ones who lost the parcel. I received the standard £25 compensation and refund of delivery charge from Interparcel and took this off the amount I am claiming. Tuffnells defence and witness statement is purely focused on the 3rd party rights issue and the fact my contract was with Interparcel and not them directly.  

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I'm very sorry I missed this. I can't imagine how it happened.

Please can you post up your claim form in PDF format and also the defence in PDF format.

Can you also post up your letter of claim.

Did it go to mediation? What happened?

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Still waiting for the requested documents.

In the meantime, this will give you a bit of a clue but we need to speak


3rd party rights – reference to one case. Transcript on order but not yet received.


Unenforceable insurance – three cases


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I now understand that this is not the trial of the issue. It is an N244 application to strike out the claim on the basis that the OP does not enjoy third-party rights under the Contracts (Rights of Third Parties) Act 1999.
I have seen the documents and they are bleating on about the fact that they are acting as agents/brokers and therefore they are not a party which is contemplated under the Act.
Course this is a load of rubbish.

Section 1 of the 1999 Act describes the people who are entitled – either they are named, or they fall within a class of beneficiary.

Section 6 of the Act includes a list of exemptions – and nowhere to the exemptions include brokers or agents.

It's amazing that Tufnell's, who have instructed a firm of solicitors, are prepared to spend so much money trying to avoid a judgement on the issue of third party rights.

This signifies to me that they are running scared.

Hopefully we will have a result of the strike out application tomorrow. Also, I have advised the OP that if the application is unsuccessful that they should immediately ask for the costs of the strike out application to be borne by Tufnell's whatever the final outcome of the case.


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  • dx100uk changed the title to Ebay iten failed delivery Tuffnells/Interparcel
  • dx100uk changed the title to Ebay item failed delivery by Tuffnells/Interparcel

put everything in one mass multipage pdf

read upload and use the websites listed

ensure you redact anything that can ID you inc claimforn no!!



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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Claim form, letter before claim & Tuffnell’s defence.pdf


Update on this.

Had a hearing today regarding Tuffnells application to strike out my claim. T

uffnells did not attend.

The judge called them and ascertained that Tuffnells are in administration & therefore the legal team are no longer acting for them. The application was therefore dismissed. 

The judge is giving the administrators 21 days to indicate whether they will still defend the claim. 

Unsure whether to wait for this, as even if successful it’s unlikely I will get all my money back now or to pull the claim altogether and go after Interparcel instead. However I did already receive an automatic refund from them of £25 and the delivery cost. 

Of interest the judge did hint that he would have dismissed their strike out application anyway - and said they are seeing quite a few 3rd party rights cases now. 

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Thanks very much indeed for this update.

What an amazing twist to the story that Tufnell is actually gone out of business. I suppose part of it is that they've spent too much money instructing solicitors who don't seem to have understood the principles involved and have drafted useless and meandering documents that miss the point completely. Bradford and Son - Rotherham.

I think there certainly must be questions over whether you will get your money back. You may well find that the administrators are simply going to pay out a few pence in the pound owed. I have a feeling that if you have a judgement in your favour then you are a preferred creditor – but it could still take an awful long time and of course that assumes that there is any money left.

Your claim fee I understand was only £70. You could decide instead to forfeit the claim fee and simply commence an action against into parcel which will presumably turn simply on the question of their unlawful and unenforceable insurance.

We have three judgements relating to that issue and I think that the result is a foregone conclusion that you will win.

I understand that you didn't claim interest in your claim against Tufnell's. If you decide to bring a claim against interparcel then you could add interest at 8%.

You successfully start of the claim against Tufnell's so you are aware of the route and you will have greater confidence in it should be more so for the last time.

If you fancy doing this than I suggest you move directly to a letter of claim. Post a draft here and then send it to them.

You are already registered on MoneyClaim – so all you have to do is to start another claim in broadly the same way – but this time against Interparcel.

I would suggest that you reject mediation and go to trial.

Let us know what you would prefer to do

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  • dx100uk changed the title to Lost Ebay Parcel Tuffnells/Interparcel - PAPLOC/Clainform against tufnells issue - they tried to set aside - lost - now going bust!!
  • 4 weeks later...

Any decisions on this?

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