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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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      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.

Endeavour Personal Finance and ME

Demtootief
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Demtootief

Demtootief

Posted
Posted

Sent S.A.R. off to Endeavour, they replied by asking me for everything but how long was my mother's labour. Nothing that I am not able to come up with in their request though. I will be sending off their last request of a utility bill for them tomorrow, and will sit back and await my share of the 'Brazilian rainforest'.

 

Wish me luck folks, as this is done in conjunction with 'HSBC' who have written to request a further 4-weeks to complete their investigations!!!

 

Bring it On!!!!!!!

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  • 1 month later...
Demtootief

Demtootief

Posted
  • Author
Posted

Endeavour Personal Finance have replied asking me to contact the Broker to take my cloam further - they even had the audacity to supply the Brokers name and address - talk about being helpful!!!

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alanalana

alanalana

Posted
Posted

hello demtootief,

 

it certainly looks like endeavour are trying the (not me guv) approach to this. Perhaps it is time to maintain the claim against endeavour but just tip your hat to the broker about what endeavour are trying to do. I will bet he will be really pleased to hear what you have to say.

 

regards

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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di0430

di0430

Posted
Posted

Hi there.

 

Just wondered if you received your SAR from Endeavour after ?

 

When I received mine about 2 months ago, there were bits of information about the Brokers, I'm sure they should supply these, so did you find out who the broker was ?

Endeavour done the same to me too, go back to the brokers, however I have just wrote to the Click group members (brokers) for the mis selling but regarding the unfair rebate settlement I will go back and start a brand new complaint about this but not mention anything about the mis selling because they will only get back and say they have already given the final response about this.

And as Endeavour were not regulated when I had my loan with these in July 2004 the FOS could not proceed with this complaint.

But I do think if its to do with the unfair settlement rebate they may be able to. I hope so anyway.

 

Good luck with yours.;-)

 

Di.

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Demtootief

Demtootief

Posted
  • Author
Posted

Hi di430,

 

I did receive a S.A.R. Endeavour have been trying to pass this off as the responsibility of the Broner, but I amd not having any of it. Ihave sent them a letter last week telling them that I did not take a Loan from the broker which was the Black and White Company. I intend to take this to court if I have to.

 

Keep pressuring them. I will let you know how I get on.

 

Demy

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di0430

di0430

Posted
Posted

Hi Demy.;)

 

That's the way hun, keep on at them, I had exactly the same response as you too regarding the mis selling, they had sent me 2 replies to tell me to continue to pursue through the broker who arranged the loan as we had accepted this as our own choice through the brokers, I am in fact now just waiting for a response about the unfair rebate as it was Endeavour who calculated the settlement.:)

 

I will also keep you posted, and I keep everything crossed here for you too and hope you win.:grin:;-), you have the right attitude to keep going.

 

Di.

x

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alanalana

alanalana

Posted
Posted

Hello demtootief,

 

 

That's the way hun, keep on at them, I had exactly the same response as you too regarding the mis selling, they had sent me 2 replies to tell me to continue to pursue through the broker who arranged the loan as we had accepted this as our own choice through the brokers, I am in fact now just waiting for a response about the unfair rebate as it was Endeavour who calculated the settlement.:-)

 

as posted by di0430

 

watch the bits in red it seems the unfair rebate is another issue on PPI mis-selling. Just something people accepted not being bankers, oh! that must be right, PPI cancelled rebate fine, but sadly probably not. Question the rebate figures and how they arrive at them and make these banks work8-)

 

bit between teeth:wink:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Demtootief

Demtootief

Posted
  • Author
Posted

Thanks you guys, I really did not look at things in that way..... If indeed we got these Loans from the brokers, how come they were not involved with calculating the rebates?

 

Ha Ha..... I am awaiting Endeavours reply to a letter sent last Friday....I will hit them with this next.

 

Thanks again

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Hopeful1

Hopeful1

Posted
Posted

Hi Dem. Glad to see you're still at this.

 

Alanalana - that's an interesting point about the cancellation of PPI but no rebate. It is something i'd thought previously with my court case, but had then forgotten

 

Thank you for the reminder :D;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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