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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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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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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Shall I issue a judgement?

Guest Alison82

By Guest Alison82
in Barclaycard

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Guest Alison82

Guest Alison82

Posted
Posted

Hi everyone

 

I have just been on the phone to my local court to check on my progress with Barclaycard. The claim was served on the 5TH October 07 and they had until the 19th October 07 to reply. They have not replies as of yet; I was told I can issue a judgement against them, should I wait a few more days or should I just issue it now, and what is the best type of judgement to issue? My claim is for £2005

 

Many thanks in advance :)

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Lula

Lula

Posted
Posted

Hi Alison, yes, if they have failed to answer in the prescribed time the file for judgement, i am going to ask that is moved to the Barclaycard forum.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Lula

Lula

Posted
Posted

Sorry I missed a bit, the only type of judgment available to you is that you win by default as they havnt answered in the timescales. Also you want payment immediately.

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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ukaviator

ukaviator

Posted
Posted

Thread moved . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Camdenite

Camdenite

Posted
Posted

Hi Alison, I was advised (Camdenite Vs Providian/Monument) to hold fire on requesting judgement until the 28 days have passed after they we're due to submit their acknowledgement of service. The reason being that b/card fight dirty and will get away with filing a late defence if you try and request judgement at this stage.

 

It's painful how the courts will let them get away with it, but you may be best waiting another month (sorry:( ) until the time has elapsed and they can't file a defence in time.

 

I'm in exactly the same scenario and have had to be patient with them.

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Camdenite

Camdenite

Posted
Posted

For a bit more detail. See below:

 

Quote:

Originally Posted by Camdenite

Nope, not even acknowledged, according to the Court when I phoned them this lunchtime. the deadline was up on Monday 1st. If they're late, I can request judgement can't I?

Hi Camdenite.

I hope you dont mind me sticking my oar in, but i think you need to be very patient with Bcard.

Of all the people i am claiming from, I think 9 at the last count, Bcard are playing the hardest nut to crack.

Allthough, technically you have won your case, i woudnt rush into requesting judgement just yet.

 

Of course you can go ahead with your request, and i wish you well if you do, but i would wait a week or so and then check on Bcs response with the court.

 

As Slick says, if you go for judgement now, allthough its late, i guarantee they will rush a defence through, and it will be accepted.

A real Pee off i know, but thats whats happening im afraid.

 

If you wait just a while longer, the court wont look to favourably on them if its that late.

 

I have been dealing with Bc since April i think, and they are still being a pain, allways coming up with something right at the last minute.

 

An example if you dont mind.

I have 4 sets of the same statements ( all incomplete ) All just within the 40 days. ish

I have a 600+ plus page full Data Protection Act Disclosure ( waste of paper )and still they wont give me the information i want.

THEY PLAY GAMES WITH THE SYSTEM.

At our expense

 

Obviously only you can decide, but can you wait another week or so.

No gaurantees, but i dont think you will regret it.

 

Good Luck

TC.

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slick132

slick132

Posted
Posted

Hi Alison,

 

Camden has taken quotes from his own thread (posted by TonyC) which may serve as a warning. If you file for judgement too quick, Bank has better chance of slipping in late defence which as Court (ridiculously) accept.

 

Read here, if you haven't already - http://www.consumeractiongroup.co.uk/forum/barclaycard/111406-camdenite-barclaycard.html

 

Slick

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Guest Alison82

Guest Alison82

Posted
Posted

Hi guys sorry for the late reply.

 

Unforuntely I have already filed fo a judgment, I read the FAQ's again and this is what it said. No one was responding :(

 

I'll just have to wait and see what happens, eventually they will pay up sooner or later.

 

Thanks anyway

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tonycee

tonycee

Posted
Posted
lol Sometimes the easiest things are the most effective ;)

 

Like men.

 

 

 

 

Unforuntely I have already filed fo a judgment, I read the FAQ's again and this is what it said. No one was responding :(

 

I'll just have to wait and see what happens, eventually they will pay up sooner or later.

Thanks anyway

 

Lets hope sooner, rather than later.

Good luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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slick132

slick132

Posted
Posted

Alison,

 

Lets hope it's sooner !

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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