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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.

Welcome Finance - This company needs to be banned.

tightbum

By tightbum
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brassed-off-2

brassed-off-2

Posted
Posted

Just tried to register my husband on equifax, to see what it says in relation to his welcome loan..the security q's askd about mortgage on xx date,and gave a list, Progressive being one of them..as this wasnt the case i opted for the non of the above option. anyway cannot get on further until i ring the helpdesk no !!!

i am now asuming that it is listed under pfs and not wfs ..like all the previous ones were under the experian cra...

Am now going to try by registering myself and this should be interesting if they are listed on mine !!!

will let you know how i get on....

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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andie_303

andie_303

Posted
Posted
Just tried to register my husband on equifax, to see what it says in relation to his welcome loan..the security q's askd about mortgage on xx date,and gave a list, Progressive being one of them..as this wasnt the case i opted for the non of the above option. anyway cannot get on further until i ring the helpdesk no !!!

i am now asuming that it is listed under pfs and not wfs ..like all the previous ones were under the experian cra...

Am now going to try by registering myself and this should be interesting if they are listed on mine !!!

will let you know how i get on....

b-o-2

 

equifax didn't work for me either - it told me there was a system error and they were working on fixing the error and to call the helpdesk - obviously it's not open though.

 

Experian didn't believe who i was :-|

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JonCris

JonCris

Posted
Posted
There just seems to be alot more happening now than ever before.

 

I dont get this whole switching to a new name of progressive financial services. Why would they do this unless something major was about to happen to Cattles. There is a reason for this... its very suspect.

 

I have totally different information from a different source NOT involved with CAG or Cattles. Lets just say he knows someone who knows someone involved in a current audit.

 

Nothing has been brought up about DG and NU in the full audit at Cattles. Why hasnt this shown up as a massive red flag to Delloits?

 

From what I have heard, and this is PURE speculation. Cattles will be broken up and sold off to try gain equity for BOND holders, not share holders (they are screwed)

 

There has been talk of Barclays etc etc, this is nothing, They are buying on behalf of private venture capital companies and will reduce holdings early next week. Its the BOND holders Cattles are concerned with. RBS and the £500 mil dont factor in this, its more the likes of HSBC and the interests of expanding thier own private lending arm to "sub-prime". HSBC do have seperate companies they lend from and wish to grow these, and taking over an existing loan would be first prize.

 

Stewie

 

Obviously those such as HSBC wanting to buy into Welcome have no idea what they are letting themselves in for:eek:

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Voda

Voda

Posted
Posted

Got up early, watched the GP, went back to bed, had a bath and then been totally lazy for the rest of the day as we all lost an hour's sleep due to the clocks going forward.

 

So yes, I had a nice day .....:)

 

Looking forward to tomorrow.

 

Nitey nite

 

Voda

 

so whats everyone been doin today
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brassed-off-2

brassed-off-2

Posted
Posted
equifax didn't work for me either - it told me there was a system error and they were working on fixing the error and to call the helpdesk - obviously it's not open though.

 

Experian didn't believe who i was :-|

 

 

Hi One and All

 

Equifax let me in... still asked same security questions, but this time i clicked the progressive finance button, well all the joint loans are there, showing as settled under the Welcome banner, the reloan from 2007, is there under my credit commitments section, although this is when they deemed it necessary to omit me off the agreement etc so i didnt sign anything. and the most recent 2008 loan again not been included in this anyway,no signature etc.. this is no where to be seen??? Although it does state that lenders may not necessarily list credit commitment unless there have been some missed payments, well from past experience we have 1 missed payment showing on 2 previous loans, 2 missed payments missing on another...and acording to the Ruddington ar5e wipes we have missed 2 payments (one of these was an error on their part anyway) so far on this present loan..well i make it 3 now..so where is it ??:?

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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082stewie

082stewie

Posted
Posted
Hi One and All

 

Equifax let me in... still asked same security questions, but this time i clicked the progressive finance button, well all the joint loans are there, showing as settled under the Welcome banner, the reloan from 2007, is there under my credit commitments section, although this is when they deemed it necessary to omit me off the agreement etc so i didnt sign anything. and the most recent 2008 loan again not been included in this anyway,no signature etc.. this is no where to be seen??? Although it does state that lenders may not necessarily list credit commitment unless there have been some missed payments, well from past experience we have 1 missed payment showing on 2 previous loans, 2 missed payments missing on another...and acording to the Ruddington ar5e wipes we have missed 2 payments (one of these was an error on their part anyway) so far on this present loan..well i make it 3 now..so where is it ??:?

 

I just checked my file. Welcome fiance are gone off my file!! Hey looks like I owe them nothing now!!! Woohooo Happy days.

 

If only!:D

I need to change my avatar..But cant find a good replacement.

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082stewie

082stewie

Posted
Posted
shares only 3.00 what happening

 

 

Dont worry about the share price. Its either shorters getting stuck in, taking and dumping shares. Or it could just be the bunch who tried to lower averages last week, hence all the buying last week.

 

Lower your average, build up the price then dump it.

 

I think its on the back of pending bad news.

 

I still back my thoery share holders are going to get a stick in the eye this week and Cattles will be broken up and sold off as individual concerns.

 

Stewie

I need to change my avatar..But cant find a good replacement.

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082stewie

082stewie

Posted
Posted
I can't get on to view mine. maybe they have realised their error for charging you for that gift ;)

 

Andie what do you think about the PM I sent you last week? I tried to distance myself and give a realistic view of this whole thing.

 

I think personally in my case the best I can hope for is a re-write of the loan excluding the PPI element and refunded.

 

I am going to be on the phone to Welcome this morning again. Im debating going directly to the FSA and giving up on the FOS

 

Stewie

I need to change my avatar..But cant find a good replacement.

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082stewie

082stewie

Posted
Posted
Anyone know what time the stockmarket begins trading?

 

I have just found 50p down the back of the sofa and was hoping to buy 10,000 shares in Cattles :p

 

 

8am, and you will get change from that 50p!

 

Stewie :D

I need to change my avatar..But cant find a good replacement.

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andie_303

andie_303

Posted
Posted
Andie what do you think about the PM I sent you last week? I tried to distance myself and give a realistic view of this whole thing.

 

I think personally in my case the best I can hope for is a re-write of the loan excluding the PPI element and refunded.

 

I am going to be on the phone to Welcome this morning again. Im debating going directly to the FSA and giving up on the FOS

 

Stewie

 

I think it's the minimum you can ask for. they way I look at it is you ask for it all and settle for the middle ground.

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dadofholly

dadofholly

Posted
Posted
I think it's the minimum you can ask for. they way I look at it is you ask for it all and settle for the middle ground.

 

Guys why ask for a bigger piece of the cake? Wait and see what happens.. you could end up with the whole bloody bakery :)

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082stewie

082stewie

Posted
Posted (edited)
Guys why ask for a bigger piece of the cake? Wait and see what happens.. you could end up with the whole bloody bakery :)

 

 

 

I did make use of the monies and they did help me out of a pickle when I was in one. I just don’t agree with the way they handle customers and mislead people with confusing contracts.

 

I will pay back 12p to £1

 

I would love nothing more than to have the whole lot wiped out and any history of them removed from my file. But being realistic, I think I will win my case with the FOS and have the PPI refunded and the whole contract re-written without PPI and the monies paid to it will be credited to my account with them and the interest recalculated.

 

First line of attack - Non advisory PPI sales over the phone without clear documentation. Carried over PPI from previous loan without settlement. So basically rolling over interest onto interest. This from my new found accountant buddies is bad business and should be questioned.

 

As for the broker fee, that’s another story. This is my second line of attack.

 

Demands and needs statement - 3rd line of attack

 

And the topper, long distance secured loan selling WITHOUT any witnesses!! And of course breach of the cooling off period. But this is to be confirmed. This is a he said/she said scenario.

 

I would like to be in front of a judge and present my agreement to him/her and ask them to work it out, with the help of a calculator.

Its states clearly in black and white in the FSA handbook "The information must be of equal prominence, and easily legible"

The Financial Services (Distance Marketing) Regulations

These Regulations apply to credit agreements and other financial services contracts entered into at a distance, without face-to-face communications.

The Regulations require specified information to be provided to the consumer in good time, before the consumer is bound by the contract.

In the case of credit contracts, the information must include:

  • the name and address of the creditor
  • a description of the main characteristics of the credit
  • the total price payable for the credit
  • the arrangements for payment, and
  • information regarding cancellation or termination.

The information must be provided in a clear and comprehensible manner, and on paper or another durable medium which is available and accessible to the consumer.

The Regulations also provide a right of cancellation where a contract is entered into at a distance, other than in the case of agreements secured on land. The period of cancellation is 14 days from the conclusion of the contract or (if later) the date on which the consumer received the full terms and conditions.

Breach of the Regulations can be enforced by the OFT or local authority trading standards services, or by the Financial Services Authority (FSA).

I would love to see the defence solicitor working out my APR and Interest rate. I would actually pay to see that!!

 

Anyhow im bloody ranting again

 

Stewie;)

Edited by 082stewie

I need to change my avatar..But cant find a good replacement.

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