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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.

Unresolved banking issue

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doggywalker

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Good Day

Hello to The Consumer Action Group

I would like some advice on how to proceed with a problem with one of the major High Street Banks,

In June 2006 they sold some shares which were in a portfolio in a personal banking account. These were sold without permission and subsequently bought back at a loss. and they have verbally admitted it was their fault, at long last they have offered to refund the costs . This does not take in to account any interest or capital gains which have been or could have been incurred. Until I mentioned the Ombudsman a month ago no action had been taken by them. Can I claim compensation in your opinion, at this stage no other parties have been involved. Thanks for reading any advice welcomed

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Rooster-UK

Rooster-UK

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I think you will find that you can't claim compensation, unless you can persuade the bank to make you an ex gratia payment as a gesture of goodwill.

You can claim actual damages if you can produce documentary proof of your loss.

This does not take in to account any interest or capital gains which have been or could have been incurred.

Any estimate of this would be pure speculation on your part.

 

i.e. If the bank had invested in XxxxxXxxx instead, the returns would have been higher!

They didn't so they're not.

The stock Market is that sort of beast. Fortunes are made..... Fortunes are lost. At the end of the day it is a risk that you take.

 

That is my opinion. If someone knows differently then please correct me.

 

Regards, Rooster.

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dave

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Would it be speculation though?

 

If you had records of the share prices over the period that you no longer had the shares due to their cock up, you could prove an exact amount.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Rooster-UK

Rooster-UK

Posted
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Provided the "could have incurred" relates only to performance of those shares over that time period.

 

If it relates to what they could have earned, elsewhere, then that is the risk you take on the stock market.

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doggywalker

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Thanks for your help guys, I have proof of their transactions and the accountant has supplied the capital gains cost, but should I be able to claim the interest since June 2006 on the money they owe, the costs were over £4,000.00

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