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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.

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      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.

Me V's Lloyd's

bobbmar

By bobbmar
in Lloyds Bank

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bobbmar

bobbmar

Posted
Posted

I have started a claim against LloydsTSB for just under £2k. They have until next week to enter a defence.

 

I have just been looking in the Abbey National forum and seveal people have claimed against them and won. In almost all the cases Abbey have done the same thing: filed a defence, made an offer and then caved in just before the case gets to court.

 

There are no examples in this forum of what Lloyds do. Has anyone took them on? What can I expect?

 

I will keep you all updated with how I get on so hopefully others will know what to expect.

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Down and out

Down and out

Posted
Posted

Yes, I have dealt with Lloyds Bank before. Theyare just as nasty as the rest and just as incompetent - although I expect that as more people challenge them, the banks will start to become a bit cleverer than they have been so far.

 

My first case a few years ago, they settled before the deadline for submitting their defence. "Goodwill"

 

Second time was just opver a year ago. I sent an email before action and they settled before my deadline.

 

I am getting ready to take action against them again.

 

 

I would be very interested to see their defence to your action and to know how you get on.

 

But don't worry - you're not alone and that old black horse is going to get his come-uppance! :wink:

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  • 2 weeks later...
bobbmar

bobbmar

Posted
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Lloydstsb have rolled over without even putting up a fight. They didn't put a defence in against my claim so I obtained a judgement by default. Have won back just uder £2k of fees they have took from my account over the years.

 

Now I have judgement can someone advise what I should do next. Do I wait for payment, do I phone them, write to them?

 

There is an option on the moneyclaim site to issue a warrant, what is a warrant. I would love to send the bailiffs round, anyone know how long I have to wait to do that?

 

I am surprised Lloydstsb rolled over so easily. I only claimed for four years of charges so now I think I will find out the charges over the other two years and go for them as well.

 

Good luck to everyone taking them on!

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BankFodder

BankFodder

Posted
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Well done!

 

What does the judgment say? Presumably it orders them to pay forthwith.

 

The bank has (I think) 14 days to pay or to get judgment set aside. Do nothing during that time but if nothing happens then put the bailliffs in - but let us know a few days in advance so that we can have a little welcoming committee ready for them when they get to the branch. - get your hair cut so that your mum will think you like nice in the pics.

 

Which branch?

 

Have you entered your litigation details in our litigation section and if not, then why not ? :evil:

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xasan

xasan

Posted
Posted
Why not send them to their corporate HQ and get them to take away the furniture out of the chairman's office?

 

 

send in the baillifs to their central london headquaters, it will cost them more and it will be a huge story.

THOU SHALT NOT *%\"? WITH NOR SEE POPPA.

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bobbmar

bobbmar

Posted
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I have spoken to a solicitor and his advice was to write a letter to Lloyds requesting payment withing seven days or the balliffs will be called in.

 

When I sued them I put my branch as the defendant so I have to send the balliffs to that address.

 

If it comes to that, I will be informing the press and turning up myself. Anyone in the Manchester area who wants to come along let me know and I will PM you the details if it happens.

 

I realy hope I get to send in the balliffs!

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BankFodder

BankFodder

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I have spoken to a solicitor and his advice was to write a letter to Lloyds requesting payment withing seven days or the balliffs will be called in.

 

When I sued them I put my branch as the defendant so I have to send the balliffs to that address.

 

If it comes to that, I will be informing the press and turning up myself. Anyone in the Manchester area who wants to come along let me know and I will PM you the details if it happens.

 

I realy hope I get to send in the balliffs!

 

Let us know what happens - don't worry about havng to pm. We will send a general email and also we now have started to make some good media contacts.

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  • 4 weeks later...
BankFodder

BankFodder

Posted
Posted

Apparently the bailiffs may be going in tomorrow and it is likely to be in the Manchester press tomorrow

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  • 12 years later...
bobbmar

bobbmar

Posted
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This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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