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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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      Hello and thank you for that It says as follows 1 - Driving without due care and attention - sec 3 Road Traffic Act 1988 2. - Failing to stop at a road traffic accident - sec 170 (4) Road Traffic Act 1988 3.   Failing to report road traffic accident - sec 170 (4) Road Traffic Act 1988 To be honest, none of the above occurred. Yes, they say I have to tell them who the driver was, but as I am the only one using my car it would be me anyway. Due to the location of the alleged offences I am pretty sure it is to do with this lorry driver.  I am happy to say it was me driving, but should I also give a written account of my side of events , as they have kindly provided a blank piece of paper for me. But not sure as these are criminal charges, whether I should put anything in writing at this stage I don't really know what it's about and don't know on what evidence these allegations are based on, given the fact none of the above actually occured.
    • Man in the middle
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By Man in the middle · Posted

      This sounds like someone has alleged that you wee involved in an accident which caused damage or injury to a third party or their property. If the request is issued under Section 172 of the Road Traffic Act (and it should mention that) you are obliged to respond by providing the driver's details. But that is all you are obliged to do at this stage. As far as the failing to stop/report charges are concerned, you could inform the police that you did neither because, as far as you are aware, no accident requiring you to stop occurred.    

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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.
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Capquest again!

maybelline
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maybelline

maybelline

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I have read many threads on Capquest and think maybe I have missed something because several months on they are still producing the same old rubbish and refusing to remove a default for a non existent agreement, so called purchased from HFC who have now removed this data but who say contact Capquest, nothing to do with us. I dont get it? It is the same info but being processed by Capquest who are a Data Controller, therefore should respond and are in breach if do not, they kept passing me back to HFC saying that HFC had the agreement, in the end they did not, but I have been going round in circles between them and cant pin them down. I have now sent it all off to ICO and have a case number, assume I have to just wait now?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 3 weeks later...
maybelline

maybelline

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ok, I have been dealing with this issue on my thread M v HC and defaults removal threads -

 

Westcot and HFC have now removed the inaccurate data but Capquest continue to send the incorrect info to me as if this substantiates their actions, this matter is with ICO but will reply to them again as they are wrong, wrong, wrong!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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Capquest, the umpteenth letter saying they are looking into and, wait for it, they have closed the account, thats good of them since it never existed in the first place and still will not remove default!!

 

ICO will need updating then.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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deedee1310

deedee1310

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Hi Maybelline.

 

I have only just seen your thread.

 

Please ensure that you check your credit files with all three CRAs to ensure that Capquest have indeed removed all their entries and markers (if applicable) from your files, before you update the ICO. I don't trust Capquest in the least and have been on the receiving end of their dirty tricks. :mad:

 

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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maybelline

maybelline

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thanks deedee, I certainly will!:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...
maybelline

maybelline

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new letter, incorrect data to be removed, at long ****** last! too late for sorting out some other really important stuff but about time, why oh why cant they just accept they are wrong in the first place???? grrrhhhhh.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 3 weeks later...
maybelline

maybelline

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not budged yet??! watching them closely.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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deedee1310

deedee1310

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Hi Maybelline.

 

I second CurlyBen and yes do watch them closely. They're slippery eels and don't play fair. Do not give them an inch!

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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maybelline

maybelline

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hello, thanks for your replies, they wrote and said they needed 28 days to remove it??? cant see why, so I have shot off a quick reminder, if nothing happens then I will issue the N1:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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HOW DARE THEY! CAPQUEST have marked the file as satisfied instead of removing the default!!!!!!

 

how can it be satisfied, there was never any debt to them, I am so cross, will issue the N1, so angry at them for this, they wrote to me and stated clearly they agreed no agreement existed and no account numher, I just do not have and never have any agreement that they are filing, as if I havent enough real issues to sort out without their incompetence SOOOOO CROSS

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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deedee1310

deedee1310

Posted
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Hon I'm so sorry.

 

Capquest are idiots - we did warn that they'd be devious :mad:

 

Do not worry. Issue your N1 as previously advised and wait for your court date. If you've read my Capquest thread, you'll see that the judge took a dim view of their not complying with my CCA and SAR requests and set-aside their CCJ against me. Provided you have a judge with sense, the same should apply. They are clearly in the wrong and you have enough evidence to damn them to thy kingdom come. Also raise a dispute with the CRA. They will tell you crap about having to ask Crapquest to remove the entry but you may have to threaten them with Court Action too.

 

We're all behind you as you know, so keep smiling :D

 

deedee xx

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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maybelline

maybelline

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thanks, just got home from work to find a fantastic letter from Student Loans, purporting to be a copy ? never received saying I did not defer (so cross with them now) it take so much time and effort sorting out these agencies who get it so badly wrong! a nice cup of tea I think and relax:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 3 months later...
maybelline

maybelline

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CAPQUEST nightmare!!!!!!!!!!!!!!

 

I am so cross, letter from ICO to seem to have encouraged Capquest to think that it is okay to put back and update information that I have just spent 12 months proving to Capquest in wrong?????????????????

its a totally different account number, the figures are wrong the dates are wrong and they have told ICO its because it just took them awhile to start the account blah blah blah, total rubbish and now thanks to ICO they have gone and made a bad situation worse!!!!!!!!!!!!!!!!!!!:mad::(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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I have read many threads on Capquest and think maybe I have missed something because several months on they are still producing the same old rubbish and refusing to remove a default for a non existent agreement, so called purchased from HFC who have now removed this data but who say contact Capquest, nothing to do with us. I dont get it? It is the same info but being processed by Capquest who are a Data Controller, therefore should respond and are in breach if do not, they kept passing me back to HFC saying that HFC had the agreement, in the end they did not, but I have been going round in circles between them and cant pin them down. I have now sent it all off to Information Commissioners Office and have a case number, assume I have to just wait now?

 

sorry ICO but you do not understand the Consumer Credit Act 2004 and you are IMO misleading consumers:(:confused:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 5 months later...
deedee1310

deedee1310

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Hi maybelline.

 

How did you get on with these fools in the end? I'm about to tackle Cr*pquests entry on my Experian, Equifax and Call credit files, having only just got their CCJ entry removed from the Register and ergo my credit file (I'll fill you in later).

 

Hope all is well in any case? I've been lurking around the forum but not for long or keeping the mad hours that I used to as my health isn't too good at the moment.

 

Anyway hope you reply soon.

 

Take care.

 

deedee :)

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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maybelline

maybelline

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all came off in the end - I cant remember now if I actually issued the N1, I would need to check, IMO they realised they could not go into court with absolutely no information. I did a full SUBJECT ACCESS REQUEST and paid my £10 to find out exactly what they did and did not have to support their spurious argument in prep for the court case.

 

good luck and stick with it.

Edited by maybelline

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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