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Have just replied to their email stressing that i wish to make a section 75 claim and not a chargeback and copied and pasted the part of the act that covers this situation. Will wait and see if they come back to us, If not will get on the phone and pursue it that way. Thank you -
By LouLouDev79 · Posted
I did not have a Barclay card back in 2000. When it appeared on my credit file I queried it via CCA in 2014. -
Formal Complaint to NatWest then. They've failed to meet their statutory obligations in regards to Section 75 of the Consumer Credit Act 1974. It might also be worth calling NatWest and stressing that it needs to be raised as a Section 75 claim and not a chargeback. -
Yes, It was a credit card.
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Load of old tosh. Think they're getting confused with a chargeback, there is NO time limit on a Section 75 claim. It was definitely a CREDIT card, not a DEBIT card, right?
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On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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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.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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