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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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    • 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.

RBS Charging for 3 months of cancelled gold account

m1k3st3r

By m1k3st3r
in Royal Bank of Scotland

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Hi, was wandering if any one could point me in the right direction. basically in September i cancelled my gold account over the telephone. in December i checked my statement to see that my account had been charged each month for £12.95 so i ring and im told this is for my gold account i explain that i have cancelled this to be told no i haven't so i ask for it to be cancelled they said they would do that for me now apologised but i was going to be charged £66 i arranged overdraft fees due to the fact i was charged the amount for the gold account. i explain this isnt my fault and apparently it was so due to my busy schedule i accept this. now i check my balance this morning and another 12.95 has been taken and i ring and still not cancelled after 1 hour on the phone im told this is all my fault and nothing they can do but again i will be charged £60 due to having an un-arranged overdraft again the money was the money the bank itself had taken for gold. i ask to go through to customer complaints and im told she would email them for me and i should here in a few days i ask for a reference number for the cancellation of the gold account and she says youll receive this at the end of the call the call then gets terminated so now im on the phone again going through it all over again....

 

just a quick update: after the last phone call im told i have to wait 7 working days so next Tuesday i will be contacted in regard to my call. but for each day i wait i will be charged £6 a day for un-arranged over draft ? doesnt seem fair. also i no longer work so the money i get in is benefits and they are for £50 a week so i will have no money again until February this is a vicious circle......

 

thank you

 

also does any body know a direct number to customer complaints for RBS preferably not a 0845 as only have a mobile :) as no one on the phone seems to know how to put a complaint through other then they can email the complaints team for me ?

Edited by m1k3st3r
came off the phone
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