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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.

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      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.

PLEASE HELP!!! Moorcroft

DreamX

By DreamX
in Debt Collection Agencies

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p4nd0rasb0x

p4nd0rasb0x

Posted
Posted
I'd ask for them to put the fact it has been in court to the test by providing the reference number you can check on-line. Also, as you are unaware of any court action, you will be petitioning to the court for a set aside. If they did have a court order the bailifs would have been round about two months ago.

 

 

Thats wot i thought re: the bailiffs... the only visit ive had was from someone who was a rep from Moorcroft. Ill call them today and ask for more details. :)

Thanks everyone for your help.

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Guest Mincemeat

Guest Mincemeat

Posted
Posted

Have they put the court thing in writing or is it just verbal on the phone? If it is verbal (as I think it must be) the chances of it being true are about 0.1%. If it is in writing, it will be slightly higher, but tell them you're going to contest it anyway.

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p4nd0rasb0x

p4nd0rasb0x

Posted
Posted
Have they put the court thing in writing or is it just verbal on the phone? If it is verbal (as I think it must be) the chances of it being true are about 0.1%. If it is in writing, it will be slightly higher, but tell them you're going to contest it anyway.

 

 

I dont remember it going to court etc... Like u said if it had (and it did in Feb according the them) then why havent they yet sent in the heavy mob !!

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  • 2 weeks later...
szekeres101

szekeres101

Posted
Posted

Hi

 

I was having problems with Moorcroft and tested them, I offered them £15 each month and they kept saying no and threatned me with a letter saying it would go to court, I called their bluff and it worked I kept saying I would rather it go to court, they accepted my amount. Recently though they ave been really pushy at getting me to pay more because it will take 32 months to clear the debt ha ha ha and I called their bluff yet again about court and know they have hushed up again.

Now as for the letter being sent saying someone had called to your house to arrange payments 9 times out of 10 they are lying as I lived in a apartment block with a security door and was not working and nobody had buzzed my apartment or knocked on my door as stated, they r so shady cos when i called Moorcroft to complain about them lying they stated it only means someone might have called, how pathetic ha ha!!

Has for them taking you to court, then if they have your address details the court should have wrote to you giving you the chance to stick up for yourself so they r probably lying.

Good luck & I will carry on taking the mickey out of them cos my debt wont be worth much in 32 months lol with no interest ha ha

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szekeres101

szekeres101

Posted
Posted

Thanks Priority but I requested my CCA in November and they sent it in the allocated time, but it was a dodgy photocopy, exactly the same photocopy as the one Marks and Spencer sent with my statements, so is this legit?

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szekeres101

szekeres101

Posted
Posted

I have just spoken to Marks and Spencer and I have asked for them to send in writing that my CCA is with Moorcroft and explained how dodgy it looked, they tried to get out of it which has aroused my suspicions more, so I told them Id started recording the call and expect to have the letter by next weekwith all information about me passed to and from Moorcroft, which they should not be able to alter on a Computer.

We shall see if they get difficult then I will risk it and stop paying Moorcroft on the chance that they have not got the original.

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  • 4 months later...
boyboynova

boyboynova

Posted
Posted

Hi,

My wife had an account with Studio Cards which has been passed onto Moorcroft.It was orriginally £1200 but is now down to £85.00 after paying £100 per month.

Can this be claimed back as the debt was not Moorcroft in first place,and should she carry on paying..

Cheers

Chris

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FU-UU

FU-UU

Posted
Posted
I dont remember it going to court etc... Like u said if it had (and it did in Feb according the them) then why havent they yet sent in the heavy mob !!

 

Did you recieve the following letter from Moorcroft p4nd0rasb0x ..

 

We have been instructed by (blah blah)

To collect your overdue debt of pounds and pence

 

We are informed that you have failed to make the necessary payments under a County Court Judgement. If you wish to avoid further serious action it is essential that you settle this debt without delay.

Please say you did 'cause i'd love to prove this is a standard letter and not sent in error by them.

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  • 5 years later...
hybridise

hybridise

Posted
Posted

why pay moorcroft anything at all?...they have no legal powers to enforce any payments from anyone. they are a private company that make a lot of threats that they cannot back up. Dont let them fill you with fear...they are a bunch of never do wells...

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  • 2 weeks later...
Loki1

Loki1

Posted
Posted

Don't want to create new thread,so I'll ask here. I had some financial problems I didn't pay for my three mobile contract about 3-4 months. Today I get a letter from Moorcroft :

''We are agents of ''Three''

Their records show that the above account has an outstanding balance. ..... Please contact us to confirm the position and so that we can make the appropriate arrangements.''

 

I was going to pay this debt this week to three mobile. But now I don't know who have my debt. Can I just pay to three mobile or I have to contact Moorcroft?

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dx100uk

dx100uk

Posted
Posted

thread was from 2007

 

now closed

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 way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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