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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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    • Whyisitthis
      B&Q I’m now a shoplifter?

      By Whyisitthis · Posted

      Hopefully I’m able to help someone else out with a future post however this particular subject I’m completely at a loss and ever so anxious regarding! I’ll get the letter out when my police officer husband is asleep to see what the company is whom will be writing to me. I know parking companies now seek compensation so I’m expecting these too as they have advised. 
    • honeybee13
      B&Q I’m now a shoplifter?

      By honeybee13 · Posted

      You're welcome. Lots of people aren't sure where to post when they arrive but you'll get used to the forum. HB
    • Whyisitthis
      B&Q I’m now a shoplifter?

      By Whyisitthis · Posted

      I’m so sorry for posting in the wrong place and I am so thankful you have replied to me thank you.
    • honeybee13
      B&Q I’m now a shoplifter?

      By honeybee13 · Posted

      Hello, welcome to CAG. I've moved your thread to our Retail Loss Prevention subforum for further advice. It sounds as if you may get letters from people like DWF solicitors or a company called Retail Loss Prevention but we always recommend to ignore them. If the police weren't called on the day you aren't going to hear from them. Ask us any questions you want to and keep in touch but I don't think this will go anywhere. Best, HB
    • Whyisitthis
      B&Q I’m now a shoplifter?

      By Whyisitthis · Posted

      Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 

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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.
      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.

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
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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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