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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.

      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.

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Lowell/overdales claim 2017 Judgement over son's Very CAT debt


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well there obviously is/could well a CCJ else they would not be writing...

 

as they say it was gained on 29/12/17 thats within 6yrs 

go get your credit file please

 

does it show?

 

dx

 

  • Like 1

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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  • dx100uk changed the title to overdales claim i have a CCJ from 12/17

reviews??

they are solicitors for the largest debt collector in the uk lowells. rarely do lowells bluff on existing CCJ's

ok a debt collector has zero legal powers and are not bailiffs

but

they buy old debts

and fleece people out of money or try too.

 

people can ignore all they like but if they ever sent  letter of claim or  the debtor gets a court claimform , they like you or i can take people to court, and if that person has moved and never updated anyone.. = backdoor ccj guaranteed.

 

i suspect your son has had mail elsewhere and has ignored it all even the court claim and an eventual court judgement in 2017.

they are only doing this as the ccj is coming upto 6yrs old

that sort of makes it a bit more difficult to enforce it (i.e back to court to ask the judge to send bailiff whom are all but powerless too on consumer credit related CCJ's) no forced entry allowed.

 

i would suspect your address is the original one he took the debt out at in 2012 as you seem to know a bit about it.

 

not saying do anything nor pay it, but it would be better to know its real 

 

dx

 

 

 

  • Like 1

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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what has?

 

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

  • dx100uk changed the title to overdales claim son has a CCJ from 12/17

nothing. i suspect.

so he has bought this round to you not knowing what to do?

did he know about the CCJ existence before now?

 

overdales can quite legally write to any linked address on his credit file chasing payment of this ccj.

 

in 2012 he was living with you when he took this credit out i suspect, then he must have moved to another address where everything went too and then he moved again to the address they've just written too?

.

that doesnt hurt him, they are just phishing trying to finding him 

 

dx

  • Like 1

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

Not at all 

 

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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He has till now.

You say he rang them?

What information did he give them?

And what is the actual debt all about please.

 

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

So probably all made of old buy now pay later fake interest anyway 

 

Trying to get info out of you is like pulling teeth. 

 

Did he know anything about this ccj existing at all prior to the letter? 

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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There is mention in the letter above something bout n agreement to pay £100 per month but I don't know if that was court or just him agreeing to pay.

 

he lives quite far from me so little contact with him.

 

Should I advise him to ignore, thanks?

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Well he has to date....

 

They've had 6yrs to enforce it and they haven't 

 

Why do you keep putting up silly trust pilot crap 

Totally irrelevant.

 

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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8 hours ago, holsdad said:

There is mention in the letter above something bout n agreement to pay £100 per month but I don't know if that was court or just him agreeing to pay.

 

that looks like what the judge ordered to be paid £PCM 

it says payments were not maintained,  this could imply he had at somepoint since 2017 paid some payments?

ive asked before, but it this the 1st he has ever heard about the existence of thisCCJ? why cant he come up on the forum himself rather than playing chinesse whispers through you?
 

dx

 

  • Like 1

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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when was this and did he ever pay anything?

obv before the above letter so he did know about the ccj before showing you the letter he appears to be being cagy to me

 

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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  • dx100uk changed the title to Lowell/overdales claim 2017 Judgement over son's Very CAT debt

He told me he wanted to pay the debt up to get  car on finance so he rang them back then, would they go back to court with the ccj on it from 5 yers go, thanks very much?

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Paying off a CCJ doesn't make it go away.

 

You either pay within the time ordered by the court - 30 days - or you're stuck with it for six years.

We could do with some help from you.

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no good paying it off -  does not remove the CCJ or make it less painful, he wont get credit whilst it shows.

it's there, paid or not, paying or not, it will drop off his file on its 6th birthday. which is very soon.

 

on of the only things they can do is get bailiffs involved but to be honest that doesn't really change anything, this is a consumer credit CCJ, that means NO RIGHT OF FORCE ENTRY, and in practical terms you simply ignore the bailiff totally.

 

quite honestly i'd go radio silent on them, he has managed it for almost 6yrs , only gotta string them out ill the new year and he can get all the credit he likes then as the CCJ entry will drop off his file.

 

there are a few other things they could try, but all of those involve a court , and any court would write to him telling him what is going on, then we can deal IFIF IF these happen

 

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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they don't.

read CAREFULLY what i am advising you.

but they ARE removed from public record (credit files) after 6yrs.

 

and once a CCJ passes 6yrs, it's extremely rare for a court to allow enforcement. which is where they would have to go to try and enforce one.

 

 

they have had almost 6yrs and done nowt, he got a phishing letter, and sadly rang them (doesn't really change anything), but that's the idea of these letters, to reel people in.

 

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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