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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.

Steve v Halifax ***SETTLED IN FULL***

STEPHEN DENOON
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STEPHEN DENOON

STEPHEN DENOON

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Just A Quick Update As I Sent A Letter To The Halifax Today Recorded Delivery(might Put The £1 It Cost On My Court Claim!!) Saying That I Will Accept The £90 But Not Full And Final Payment, And Will Be Going After Them For The Ballance. Think I Will Just Put My Papers To The Court Anyway Cos I Dont Think They Will Just Cough Up Like That Do You ? !!!!!!!!!!!!

Good Luck To All And May The Force Be With You

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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STEPHEN DENOON

STEPHEN DENOON

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Going To Court Tomorrow To Hand In My Court Papers (1 &1b) And Also My Schedule Of Charges. Can Anyone Tell Me If I Need To Hand Anything Else In To The Court As Well?? Or Is That All I Need??

Has Anyone Actualy Had To Go To Court Yet To Get The Charges Back?? Just That I Would Like To Speak To Anyone That Has Gone To Court For Some Advice Etc.

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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maroonfox5

maroonfox5

Posted
Posted

Hi Steve,

 

I took Halifax to court on 7th June.

They acknowledged almost straight away and said they were going to defend.

 

19th June Settled in full via two payments as cash deposits in my halifax account,one for charges and the other for interest and fees.(LUVLEY JUBBLY).:D

 

Said it was purely for financial reasons and admitted no liability.

 

This seems to be the Halifax way.

 

Don't worry,expect your money within 3 weeks.:-)

 

Regards

 

Maroonfox5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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maroonfox5

maroonfox5

Posted
Posted

Steve

 

I would stick to the original figure you are claiming and ignore the offer,I doubt if they would pay it as you are about to hit them with the moneyclaim anyway.

 

Just another point.Have you made a provision for claiming the 8% interest on the charges you are claiming for?.If not then make sure you do.

 

Good luck.

 

I predict a cash injection for you within 21 days.:-)

 

Maroonfox5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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maybelline

maybelline

Posted
Posted

have you looked at guidance notes under consumer action group, this gives a step by step guide, familiarisation visits to the court info etc.

 

you are doing really well, good luck today!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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STEPHEN DENOON

STEPHEN DENOON

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Well I Went Down To The Court Today And Handed In My Forms. Only One Small Thing That The Sherriff Clerk Picked Up On And That Was That I Put My Branch Manager's Name As The Defender! They Told Me Just To Put 'halifax' Not Quite Sure If That Is Just A Scottish Thing Or Not.

Oh Yes One Other Thing I Did Wrong On The Form And That Was To Include The Fee Of £39 To My Total In Box 4 Where It Asks You What Your Claim Is. The Clerk Said That Is Added On If I Win.

Dont Know If This Helps Anyone Or Not But It Might Stop You Making The Same Mistakes That I Did.

 

The Gloves Are Off Now Halifax, I'm Coming After You, Nowhere To Run!!

 

P.s. Got The Distinct Feeling From The Sherriff Clerk That I'm Not The First To Be Claiming Against These Twisted,greedy,sub-human-like, Money Grabbing, Pathetic Excuses For Banks. (dont Know If Thats Correct English Or Not But I Feel Better For Getting That Off My Chest!)

 

P.P.S. I DID CLAIM 8% OF THE TOTAL CHARGES (I FELT QUITE SORRY FOR THE BANK DOING THAT!)

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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maroonfox5

maroonfox5

Posted
Posted

Well done Steve

 

Don't feel sorry for the banks over the 8% after all you could have had that cash in a high interest deposit account yourself over all of this time.

 

You are only claiming for what you could have earned (thereabouts)

 

Anyway the Halifax have been using your money to earn even more by lending it to others and charging extortionate rates for it.:mad:

 

Onwards and upwards:)

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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Angi

Angi

Posted
Posted

Hiya Steve

Looks like your nearly there with your claim. Best of Luck to You

Let me know how you get on

Take Care

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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STEPHEN DENOON

STEPHEN DENOON

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Posted

Received Letter From The Court Today Saying That I Have To Get In Touch With Them The Day After My 'return Day' Which Is The 13th Of August To See If The Halifax Are Going To Defend Or Not.

My Hearing Date Is Set For The 20/09/06.

Just Need To Sit Back And Wait Now!!!

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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STEPHEN DENOON

STEPHEN DENOON

Posted
  • Author
Posted

STEVE WON !!!!!

 

Hi there all just to let you know Halifax have paid up in full. Just checked my online banking last night and there it was the full amount. Showed up as two separate amounts paid in ‘CASH’ No letter or anything in the post.

Just wondering what happens with the court claim?? Do I get in touch with them or just forget about it??

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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maroonfox5

maroonfox5

Posted
Posted

Well done steve .

It's a great feeling isn't it.

 

There will be two payments

one for the charges and one for the court fees and interest.

You should get the letter in a couple of days time saying paid up because it would cost more to defend and not admitting liability blah blah.

 

They will send you some paperwork to confirm that they have paid you and informed the court, and that you should do the same.

 

I just photocopied it and forwarded to the court.

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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Angi

Angi

Posted
Posted

Hiya Stephen

I just got back, & Have to Let you know Im over the moon for you.

 

Great News, Well Done :p

Enjoy your spending

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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jonni2bad

jonni2bad

Posted
Posted

CONGRATULATIONS

 

Don't forget our survey!!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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STEPHEN DENOON

STEPHEN DENOON

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I sent a letter to the halifax ages ago saying that i would accept their miserable offer as part payment.I sent this letter recorded delivery and a few days later checked on the Royal Mail website to see if it had been delivered but it just said it was in the system. To cut a long story short this is an email I got from Royal Mail-

 

Dear Mr Denoon

 

Thank you for your email about a signature item reference number

DK543481294GB.

 

I have checked our Track & Trace details and can confirm that this item of

mail was delivered as addressed on 28 July 2006.

 

THIS ITEM WAS ONE OF A LARGE number delivered to this address that day, and

we were unable to obtain a signature for each individual item. However, a

copy of the signature we obtained for the whole delivery has been forwarded

by email to you today.

 

Blah blah etc

 

 

It seems like the Halifax is getting inundated with people wanting THEIR money back.Dont you just feel so sorry for the halifax--NOT

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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STEPHEN DENOON

STEPHEN DENOON

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This topic was closed on 03/07/19.

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 there.

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

Stephen Denoon

 

£374 IN CHARGES

REQUEST REPAYMENT OF CHARGES SENT 22/06/06

L.B.A. SENT 09/07/06

OFFERED £90 (WOW) 25/07/06

ACCEPT £90 AS PARTIAL PAYMENT 26/07/06

FORMS 1 & 1B TAKING TO COURT ON 31/07/06

WAITING TO SEE WHAT HAPPENS NOW!!!

 

THEY HAVE PAID UP!!!!! I WIN

 

THANK FOR THE HELP ALL

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If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

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