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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.

Barclaycard - County Court Claim**WON**

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  • 2 weeks later...
Heather58

Heather58

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Just thought I'd check in and let you know current status.

 

Filed defence to court on 26th February. Court sent us a letter confirming receipt and that they had sent a copy to the Claimant (Barclaycard).

 

Had no contact from Barclaycard whatsoever.

 

I believe their 28 days is up at the end of next week.

 

Should we phone the courts to see if they have received anything yet or will they get in touch with us?

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slick132

slick132

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Hi Heather,

 

As you've filed a Defence, the next step would normally be for the court to send out AQ's (Allocation Questionairres) which both parties must complete.

 

You could call the Court to ask what's happening but DON'T call BC for any reason.

 

The case may be awaiting a judges consideration as to the next step (ie, AQ's) but it could, possibly, have been mistaken for a bank charges claim which would be Stayed (put on hold).

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Heather58

Heather58

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I wouldn't be calling Barclaycard.

 

On the letter from Court, they said that they would send copy of our defence to Barclaycard and that Barclaycard may contact us to try and negotiate. They haven't to date.

 

I may give court a call next week after Easter hols.

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pt2537

pt2537

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Hi Heather,

 

Slick has outlined things perfectly,

 

the court will serve upon BC a copy of your defence, then it will be upto them to instruct the court within 28 days if they wish to proceed, if they do not then the case will be automatically stayed and they will have to pay again to restart the action which is always a good thing

 

you are best to ring the court and ask what the status of the case is

 

regards

paul

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citizenB

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Heather58

Heather58

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No my partner hasn't contacted the court yet as he hasn't been able to find the time what with work commitments. I did try to phone them on his behalf but they wouldn't speak to me.

 

He is hopefully going to call them Mon/Tuesday. Will keep you posted.

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Heather58

Heather58

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My partner finally managed to speak to Northampton Court today regarding his case and they have told him that the case has been stayed and that it is going to be forwarded to our Local Court.

 

What does this mean and what will happen next?

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pt2537

pt2537

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Right well, basically Barclays or their Reps havent contacted the court to inform them they wish to proceed within 28 days of reciept of your defence.

 

 

so the case is now stayed and they now have to make an application to the court to ask for the stay to be lifted if they wish to proceed and htey have to pay another £200 quid from memory

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Jeff2000

Jeff2000

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My partner finally managed to speak to Northampton Court today regarding his case and they have told him that the case has been stayed and that it is going to be forwarded to our Local Court.

 

What does this mean and what will happen next?

 

 

Hi Heather,

 

 

This is basically what they told me!

 

Same boat springs to mind!:)

 

 

Jeff.

http://www.consumeractiongroup.co.uk/forum/campaign/210533-mbna-harrasment-calls-petition.html
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Blossomandebony

Blossomandebony

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so the case is now stayed and they now have to make an application to the court to ask for the stay to be lifted if they wish to proceed and htey have to pay another £200 quid from memory

__________________

 

PT, do you know if there is a 'time limit' on the above stay, (i.e. how long can the case remain stayed, with B/Card still allowed to restart it?). I ask because I have the same scenario with CL Finance. It will also be useful for Heather to know this. If there was no time limit on the stay, would the claiming company have until the 6 years statute barred limit to restart the case?

 

Cheers, BAE :-)

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Jeff2000

Jeff2000

Posted
Posted
Why would they transfer it to our Local Court and when it reaches there, what happens then?

 

 

Hi Heather,

 

 

I think this is just standard procedure.

 

Cases are usually automatically transferred to the defendant's home Court if the amount is specified and the defendant is an individual.

 

It will be your local Court, therfore, that will now contact you if their is a further development.

 

 

Jeff.

http://www.consumeractiongroup.co.uk/forum/campaign/210533-mbna-harrasment-calls-petition.html
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Jeff2000

Jeff2000

Posted
Posted
Jeff,

 

 

Think gonna need some help filling it in.

 

 

Hi Heather,

 

 

Yeah, me too!

 

Check out my thread, pt2537 is very good with this sort of thing.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard.html

 

 

Jeff.

http://www.consumeractiongroup.co.uk/forum/campaign/210533-mbna-harrasment-calls-petition.html
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Heather58

Heather58

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PT, when you have a mo I need some help filling out N150 form which my partner was sent yesterday. It needs to be back at our local court by 25th April 2008. Any help would be very much appreciated.

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