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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.

H.O.L Test case appeal. Judgement Declared. ***See Announcements***

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PGH7447

PGH7447

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But Lord Philips added that this was not the end of the matter as the OFT could still try to scrutinise bank charges under other parts of the regulations

 

This will not close the door on the OFT's investigations and may well not resolve the myriad cases that are currently stayed [put on hold] in which customers have challenged the relevant charges," he told the court.

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the_shadow

the_shadow

Posted
Posted
But Lord Philips added that this was not the end of the matter as the OFT could still try to scrutinise bank charges under other parts of the regulations

 

Wouldnt that be future charges tho, not the historic ones were trying to claim back?

 

S.

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Bookworm

Bookworm

Posted
Posted

After all ths time, I still hoped that justice actually existed in this country. I was wrong, the old boy network still rules as it has for centuries.

 

Shame on you HOL, for handing us hands and feet bound to the vultures. :-(

 

Expect your new T&Cs fleecing you, nay, shearing you, in a bank near you very soon. It's open season on the bank customer from now on. :-(

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fergal71

fergal71

Posted
Posted

this shafting is a million times worse than MP's expenses.... I fortunately have had all my charges back. but I will support this till they are forced to pay everyone back....

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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koalaattack

koalaattack

Posted
Posted

Given that the banks appealed however many times (it may only have been once actually, it just seems like more!), does that mean the consumers are allowed to appeal to?

 

I've always been wary of this ever since I asked the judge during my court case whether it was fair that I wasn't allowed to continue my claim given the OFT investigation but the banks would are still allowed to charge people the fees that were being investigated (surely both should be stopped whilst it is found out whether they are fair or not?) and the judge just replied "That's a good question, maybe you should ask it?". I thought I just had. That's when it really started to bug me to be honest.

 

What a kick in the nuts.

Prelim letter received by Barclays: 26/03/07

**************no reply***************

 

LBA received by Barclays: 10/04/07

**************no reply***************

 

N1 filed at court: 25/04/07

N1 received by Barclays: 04/05/07

Offer of £1,885.00: 04/05/07 (turned down)

Offer rejection received by B'clays: 08/05/07

Barclays Acknowledge Claim: 11/05/07

Barclays Defence Filed: 18/05/07

 

Directions Hearing Date Set: 06/08/07

Case Stayed Until Feb '08

 

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barry_2008

barry_2008

Posted
Posted

So the law stuff on this site is a waste of space then

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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T2upNorth

T2upNorth

Posted
Posted (edited)

Well, here it is. (Full ruling attached)

 

I for one will be closing my Halifax account and going to a credit union.

 

The Supreme Court may feel the need to protect the banks from justice, I don't.

 

 

My bad - looks like wrong one was posted on SC site.....

Edited by T2upNorth
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JonCris

JonCris

Posted
Posted

Over the last few years the judiciary have abandoned the ordinary citizen & while it's not yet over it's certainly time for a revolt Petition your MP repeatedly to complain about both the court AND the banks AND the lack of regulation AND the fact that the OFT have had its teeth completely withdrawn. Every company & its dog will use this finding to penalize customers

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barry_2008

barry_2008

Posted
Posted

forums don't work you need solicitors don't jump on the band wagon the next time

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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citizenB

citizenB

Posted
Posted
Well, here it is. (Full ruling attached)

 

I for one will be closing my Halifax account and going to a credit union.

 

The Supreme Court may feel the need to protect the banks from justice, I don't.

 

 

Your link is nothing to do with the OFT v Banks ruling :confused:

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barry_2008

barry_2008

Posted
Posted

Closing down my account now.

will be back soon and tell you how i get on.

Ive a feeling the twats will say i cant do it

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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noomill060

noomill060

Posted
Posted

Inretrospect, this was lost when the OFT failed to appeal the unlawful penalty aspect- this was the first clue as to the eventual outcome, of what has become an Establishment stitch up of gargantuan proportions.

 

We now know where we stand and we have been reminded that we should know our place.

 

"Ever felt like you been cheated?" Johnny Rotten 1978

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mkb

mkb

Posted
Posted
forums don't work you need solicitors don't jump on the band wagon the next time

 

 

Ridiculous statement.

 

This site has helped thousands of people get justice on many issues & will continue to do so.

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barry_2008

barry_2008

Posted
Posted

pmsl I still don't have my money

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (edited for bookworm god bless her sole) Deep Peace be with you.

 

“I would say to the House as I said to those who have joined this government: I have

nothing to offer but blood, toil, tears and sweat. We have before us an ordeal of the

most grievous kind. We have before us many, many long months of struggle and of

suffering.

 

You ask, what is our aim? I can answer in one word: Victory. Victory at all costs —

Victory in spite of all terror — Victory, however long and hard the road may be, for

without victory there is no survival.”

 

(Winston Churchill Addressing the House of commons.)

 

All complaints go to the lootube. All conversations go in the white box then you click submit.

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