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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.

Spiritgirl -v- Various DCAs

spiritgirl59

By spiritgirl59
in Debt Collection Agencies

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dencha

dencha

Posted
Posted

I have had no phone calls since before easter and only posted CCA requests yesterday and today.

 

I wonder if it has more to do with the end of the financial year or the new OFT charges that now apply to investigations against DCA's.

 

Wonder if the phones have gone quiet for others on this forum too.

 

D

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dencha

dencha

Posted
Posted

Need to have the prescribed terms on them or not enforceable is my understanding whether signed or not, plus any other documents mentioned in the agreement.

 

Have seen many on this site with similar boxes signed but no prescribed information on them. A con by the DCA's to make you believe it is a true copy when in fact it is not.

 

An application form I believe is not an agreement, it is in fact only an application form for whatever you are applying for. An agreement you would sign once the application had been accepted.

 

They would have to produce the signed copy in court to enforce the debt. If they have not got it now they probably never will.

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dencha

dencha

Posted
Posted

They have sent the £1.00 back because they cannot supply the documents you requested. They are trying to get out of their obligation under the CCA 1974. You could try sending it again and insist they comply with your request under the CCA 1974 otherwise they cannot legally chase you for the debt. If you have recorded everything you have done then you are probably on safe ground.

 

Documents sent back to you must contain all the prescribed information otherwise they are not enforceable

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dencha

dencha

Posted
Posted

As I understand the time scales for these CCA requests, after a maximum of 14 working days, which I believe includes time in post they are in default and the debt cannot be enforced except through a court, presuming they can come up with the goods before they commit a criminal offence. I also believe it is not 30 days to a criminal offence, but one calender month. They would not be likely to take you to court once they have commited the offence.

 

I read up on the statute of limitations, but I am up to be corrected if someone knows different.

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dencha

dencha

Posted
Posted

Hi Spiritgirl

 

First I would send them a letter with a copy of the letter agreeing the token payment and the agreed review date and remind them that you are keeping to your side of the agreement and would expect a reputable company to do the same without resorting to premature court action as the review is not due until July as agreed.

 

Reading on another thread by someone more learned than myself, it would appear that a S.A.R - (Subject Access Request) does not put an account in to dispute as the non-compliance to supply a CCA would especially as you are dealing with the OC rather than a DCA.

 

What would change if they started proceedings would be the statutory time scale of 40 days which would go out of the window. You would be able to demand a reply within 7 days as this would become part of your counter claim.

 

If I have this wrong then someone will let me know before I get much older.

 

So yes I would SAR and get the ball rolling to reduce the size of the debt.

 

You may want to hold off on the SAR until you get a reply to the letter regarding the current arrangement.

 

dencha

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dencha

dencha

Posted
Posted

Hi Spiritgirl

 

As they have not been able to produce the CCA and have defaulted themselves as well as having committed a summary offence, then they have no authority to chase you for this debt nor do they have the authority to place defaults on your CRA.

 

Everything to TS would be in order I think.

 

dencha

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dencha

dencha

Posted
Posted

Hi Spiritgirl

 

If you are on Internet banking and you know the sort code and account number you wish to pay into you can set up the standing order yourself through your own account. Maybe this is a way round this situation. It appears they do not want you to pay.

 

If you are Internet banking you only really need a form for Direct Debit and even some of these you can now be set up over the web.

 

dencha

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