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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.

pingutm v hsbc - **WON**

pingutm

By pingutm
in HSBC, FD and HFC successes

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pingutm

pingutm

Posted
Posted

hi,

 

i have went through my online statements and calculated what hsbc owe me but i am unsure where to send the letter for request of repayment?

 

do i send to my local branch or to the head office???

 

Thank you

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Jordan

Jordan

Posted
Posted

I handed mine in at my local branch, addressed to :

 

Mr Alan Pretty

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

 

However, I had a reply to my 2nd letter today from the same address but from a Colin Langdale.

 

To be honest, you could send it to that address to either of those guys above or leave the name blank.

04/07/2006 - Full, unconditional offer made from HSBC, accepted. £1444.xx (unfair charges)

01/06/2011 - Barclay CC PPI claim initiated

13/09/2011 - Claim rejected :|

19/10/2015 - Claim restarted !!!!

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pingutm

pingutm

Posted
  • Author
Posted

i have noticed this on certian months of my statements...

 

example,

 

 

DAte: Type Description: Paid Out:

 

07 APR DR Intrest 0.61

07 APR DR Total Charges 36.00

 

 

i take it these are these the claimable charges i can reclaim?

 

also can i claim back the intrest that was also deducted or is that a seprate issue?

 

Lastly, can i reclaim any intrest back on the total funds taken and how do i calculate it?

 

thank you

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maverik1979

maverik1979

Posted
Posted
or you can do what I did and email it to [email protected] they will email you a reciept and i got a letter back within 4 days

whilst email is an admissable evidence in a court of law, it is the opinion of the majority on here, that its best to keep it in written letters, as such addres it simply to senior service quality advisor at the leeds address, and hand it in to your local branch (or post it to them), if you hand deliver it make sure to get a receipt

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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maverik1979

maverik1979

Posted
Posted

yes those are the charges which are reclaimable, the rest of your questions are all answered in the faq section, also please try and stick to one thread it makes it a lot easier for those trying to help you

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Clozzer

Clozzer

Posted
Posted

My understanding is that you can not claim back the actual OD interest as you agreed to this charge when taking out an OD. However you can claim back the interest which will ahve been charged on the penalty charges (which HSBC seem to call TOTAL CHARGES) There is a handy excel spread sheet in the templates section which you can use to do the sums.

Prelim Letter sent to HSBC - 30th June 2006

HSBCs Deadline to respond - 14th July 2006

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maverik1979

maverik1979

Posted
Posted
My understanding is that you can not claim back the actual OD interest as you agreed to this charge when taking out an OD. However you can claim back the interest which will ahve been charged on the penalty charges (which HSBC seem to call TOTAL CHARGES) There is a handy excel spread sheet in the templates section which you can use to do the sums.

 

the calculation for the reclaimation of overdraft interest is quite complicated, but it is answered in the faq section, its for your own benefit that you understand exactly what you need to do

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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dry_flood

dry_flood

Posted
Posted
can anyone shed any light on what the address in Jordans post is for?

is it he head office or.... ?

 

and should i address my letter there too?

 

thanks

 

The Adress to send your prelim and LBA to is

 

Senior Service Quality Officer

Service Quality Team

Arlington Buisness Centre

Millshaw Park Lane

Leeds

LS11 0PP

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Clozzer

Clozzer

Posted
Posted
the calculation for the reclaimation of overdraft interest is quite complicated, but it is answered in the faq section, its for your own benefit that you understand exactly what you need to do

 

I know that! I was answering the person who started the thread.

 

*passes a glass of wine to maverik1979*

Prelim Letter sent to HSBC - 30th June 2006

HSBCs Deadline to respond - 14th July 2006

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maverik1979

maverik1979

Posted
Posted

bugger, sorry about that, kind of get into a rythm when replying to posts

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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pingutm

pingutm

Posted
  • Author
Posted

Just looking through the prelim letter,

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

I have calculated that they have taken £518.50 through everything marked Total Charges on the online statements. Can anyone tell me what the "plus £xxx" costs will be.

 

thank you

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maverik1979

maverik1979

Posted
Posted

unfortunately i cant it is very much dependant on an individual account, best to cross out the bit unless you want to have a o at working it all out, excel spreadsheet in library (not the 8% one)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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pingutm

pingutm

Posted
  • Author
Posted

I decided just to claim for the £518.50 and i also dont intend on enclosing a schedule of the charges with the letter so can anyone give me an idea what to put in the 'What i require' section as this is what i come up with after taking everything out, lol

 

What I require

I calculate that you have taken £518.50

 

 

Help :roll:

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barracad

barracad

Posted
Posted

I strongly suggest you enclose a schedule of charges - it saves problems at a later date.

 

So your letter would basically read:

 

What I require

I calculate that you have taken £518.50

I enclose a schedule of the charges which I am claiming with this letter

Opinions given herein are made informally by myself 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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pingutm

pingutm

Posted
  • Author
Posted

so for the shedule of charges list, would i just create a list off all the instances noted on the online statements.

 

example........

 

07 APR 2002 Total Charges 36.00

07 MAY 2002 Total Charges 36.00

"" ""

"" ""

"" ""

09 JUN 2004 Total Charges 36.00

 

 

:???:

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barracad

barracad

Posted
Posted

Have you used the spreadsheet to work out your charges?

 

If so, just print that off.

 

Alternatively yes a list like that would be fine.

Opinions given herein are made informally by myself 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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pingutm

pingutm

Posted
  • Author
Posted

i am looking at the spreadsheet now and i notice its filled with such things as unpaid direct debit charge etc. The online hsbc statments dont list what the charges are for. It only lists them as Total Charges and has one date as i have shown in previous posts.

 

so, on the spreadsheet in the In Respect of: colums will i just list every instance as Total Charges?

 

thanks

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barracad

barracad

Posted
Posted

If that's all they are listed as then yes just put 'Total Charges'

Opinions given herein are made informally by myself 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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pingutm

pingutm

Posted
  • Author
Posted

just completed the spreadsheet.

 

is the 8% intrest value that is outputted in the spreadsheet inserted in the section highlighted red below ??

 

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

 

Thanks

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maverik1979

maverik1979

Posted
Posted

no that refers to the overdraft interest, the 8% interest is only claimable when you submit a court claim via MCOL

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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