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    • Hello,

      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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    • 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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Default Notice Requirement, Please Help


Azazal23
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Had a student current accoutn with Barclays and it Defaulted, they have supplied the Termination Notice (unsigned) but state they do not supply Default notices on Accounts other than Loans Etc...

 

Can some one clear this up once and forall, do they have to send one?

 

The Termination Notice is dated the same day as the default was registered, the account is settled and is also showing as being settled as the same day the default was registered

 

If i cant clarify this i dont know how to proceed

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Can anyone help, all i need to know is do Current Accounts with overdrafts fall under the Consumer Credit Act. In other words are they required to send me a derfault notice before defaulting me. Had a letter from Barclays to say they do not, and that is why they never sent me one

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Guest ian cognito

Overdrafts are not covered by the CCA so they don't have to send you a notice, sorry the answer was probably not what you wanted to hear!

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Can anyone please suggest what I might do next. HBOS (Mastercard) has settled part of my N1 claim for the refund of charges. They have taken it off the balance of my card. The other part of my claim was for the default to be removed. I have a judgement against them but they have already paid the charges and never mentioned the default in their letter to me. I wrote to them on the 3rd April saying I was happy to accept the payment but also part of my claim was the removal of the default and I havent heard a thing from them. I havent written to the court to say its settled but I have the judgement which I suppose isnt much good if they have settled the claim. Can anyone, please, please suggest what I could do next to get them to remove the default

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bollco**s :)

 

Well what do they have to send, they sent me a copy of the Termination Notice which i didnt get and that was dated the same day as the default was registered. The default is showing as being settled the same day as the default was registered.

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Not sure what you mean? Sorry. The N1 claim form and the poc was for the charges back and the default removal. They never entered a defence so I asked for judgment and added at the bottom also the removal of the default. The judgment was accepted but doesnt mention the default on the court papers. I have written to HBOS saying I accept the charges being taken off the balance of the credit card but I also want the default removing. Do you think I should send another letter to them?

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It says the following:

 

To the Defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £...... for debt (and interest to date of judgment).

 

You must pay the claimant a total of £..... forthwith

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Then the CCJ is in fault as it should also include reference to the removal of the default if you included in your POC & there was no defence offered

 

If so contact the court & point this out. They should be able to place it before the DJ for amendment

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What part of my account is covered by the CCA then, becuase on the Termination Notice they sent me it says

 

"issued in accordance with Sec 76(1) & 98(1) of the Consumer Credit Act 1974"

 

Also could you get it removed on the grounds of irresponsible lending, if you could prove that they knew you were a significant risk but they lent you money becuase you were a student?

 

Think i had CCj's and 3 defaults on my file at the time they opened the account

 

Really im looking for ways in which to get rid of this default, as my record is clean after that. I debt is settled, is actually showing as settled the day the default was registered

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