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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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    • jk2054
      Caught using mother’s 60+ Oyster card - 50+ uses - SJPN Court

      By jk2054 · Posted

      Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • tedney
      Aged Debts

      By tedney · Posted

      DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • paulhn757
      Barclaycard debt sold to PRA

      By paulhn757 · Posted

      Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • honeybee13
      Caught using mother’s 60+ Oyster card - 50+ uses - SJPN Court

      By honeybee13 · Posted

      That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • AndyOrch
      Barclaycard debt sold to PRA

      By AndyOrch · Posted

      Have you previously requested the agreement by a CCA request ?

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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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      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.

Vampyra -vs- The Tweenies.

Vampyra

By Vampyra
in Debt Collection Agencies

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Vampyra

Vampyra

Posted
  • Author
Posted

My letter answered and application form was returned by Cabot today. See as below.

 

cabot1.jpg

 

cabot2.jpg

 

 

This is the "CA" Application Form - notice the wording at the top left saying "Barclaycard Student Application" and the wording bottom right saying "IMPORTANT The above section must be signed for your application to be considered". Plainly this application form is virtually illegible in parts. It is NOT a CA and does not provide an APR, Credit Limit and repayment schedules.

 

cabot3.jpg

 

 

I have no idea what this is for and what it is supposed to prove - and no it's not my signature I never saw this piece of paper.

 

cabot4.jpg

 

 

This is a "new" addition to their little bundle of papers. Contrary to their letter, this is the first time they have sent me this.

cabot5.jpg

 

I am gonna send one more letter to Cabot stating it all very clearly as they feel they only have to supply one if they have one which they have stated in as many words they haven't but believe if they don't they can still enforce an alleged debt!

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Vampyra

Vampyra

Posted
  • Author
Posted

They have stated quite clearly that "although the original copy may not be available to Cabot via Barclaycard, Baclaycard have supplied Cabot with a copy of the original which has been enclosed and previously supplied and satisfies all requirements".

 

So, now my question is, what is the legal difference between an original copy and a copy of the original? :p

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rory32

rory32

Posted
Posted

An original copy is the original document. A copy of the original is just that, a copy (such as a photocopy).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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dannyboy660

dannyboy660

Posted
Posted

Cabot, according to a paragraph there are "reliant on Barclaycard to supply information.." etc etc

 

So at what point did Cabot get your agreement or permission to process your data, or even demand payment from you in respect of this debt to Barclaycard??

 

A Data Protection Act approach perhaps??

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Vampyra

Vampyra

Posted
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Posted

Well this isn't a CA is it? No prescribed terms and I would gather unenforcable - but I'm not going to write endless letters to them about it. How can they, when I quoted the prescribed terms and laws of the act in my letter, sit back hand me an application form and say that is good enough?

 

They are so thick!

*is angry with Cabot now*

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dannyboy660

dannyboy660

Posted
Posted

Highly likely TS will just tell you to pay and be done with it.

 

In that position, I would be tempted to see if they are prepared to take the risk of taking you to court. This CCA (if it is one) doesn't appear to be enforceable, and I think they know it.

 

What have you got to lose?? If in the unlikely event they do take you to court and win, you get a CCJ and told to pay what you can afford and Cabot are out of hair.

 

It's a gamble.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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dannyboy660

dannyboy660

Posted
Posted

I have a feeling they'll let it go, because it's probably just not worth the time and expense now they know you're going to put up a fight.

 

I will be very surprised if they pursue it, but like you say, they are pathetic.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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