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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.

Who has had Managed Loans?

ppauls150

By ppauls150
in HSBC Bank

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johnnymitch

johnnymitch

Posted
Posted

Hi, skye300801, Andena pointed me in your direction. :)

 

I'm not sure how watertight your Managed Loan agreement is, so I can't really comment on that at the moment. What did strike me was that you were refused Payment Protecton when you asked for it (because you were part-time?)

Were they charging an extra premium for PPI in your loan repayments - if so , you may have a case for mis-selling...........try this link and see if it helps:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

Hi Madame , welcome to the forum

 

First of all, you should open up your own thread on the HSBC forum - it'll be easier for people to give you personal advice . You'll get plenty of support on here and we're a friendly lot - so just ask - someone will come up with an answer.............

Just to get you going though try this link:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

Best of Luck

johnny

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted
Am thinking of re-claiming my bank charges, but what do you think? Is there any point when I still owe them £8,000 and have just walked away from the account?

 

This decision is up to you of course, Madame - when you send for a S.A.R - (Subject Access Request) they'll know where you are . But if you have a substantial amount of charges to reclaim it may be worth doing, just to start clearing your financial situation.........

 

Also ,if the actual amount you owe is in dispute , which it will be if you're reclaiming charges , they can't chase you for repayment anyway.

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

If you would like to enlarge on how you see this affecting or benefitting claimants, Principessa - lay it out in a bit more detail and ask a moderator to post it forum-wide (maybe on a sticky)....It'll save you posting on all sites............:)

 

johnny

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

Ah thanks again pete, I hadn't realised there was another thread so close on the same subject ...... :)

 

Makes interesting reading -about time railroaded loans were dealt with.... as with PPI ....it's sad -:( banks used to be institutions you could trust............

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

I know pete, but these are professional bodies which we should be able to trust........it's part of their code -or used to be.......:mad:

 

I liked your take on the mafia - they'll be round yours in the morning Ha-ha -ha! :D Cement overcoat on the M6 pete? laffin!

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted
Well I am going to ask them have they included the complete repayment of my ML with compounded interest in the £8.7bn bad loan debt that they have written off.

 

Oh dear, HSBCfiddled, if they haven't they'll have to scrape it out of the £12bn which they still made:rolleyes: - obscene or what?.........:mad: :grin:

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 2 weeks later...
johnnymitch

johnnymitch

Posted
Posted

Sorry pete you got kind of lost in the traffic there for a bit........

 

but really im just trying to get back the interest paid to date back... in reality they will just probably knock that amoutn off the actual amoutn left (which im happy for them to do) but am worreid my particulars are wrong and im exposign myself to some risk, as this looks 100% like we will definatley be in court...any suggestions?

 

Why not just re-jig what you actually want to claim for - then ask the court about submitting amended POC - probably cost you to alter them but depends on how exact you want to be, I suppose. Then let DG have a copy of the amendments.

  • Haha 1

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

I would follow the e-mail up with a(recorded delivery) letter asking the same things Andena, - just in case your e-mail gets 'lost' or 'mislaid' :rolleyes: .

 

That way they should reply in writing and if the reply is not what you want you can take it on from there.

 

Hope your arm gets better soon -it's an excruciating pain isn't it?

 

Hope you have a happy easter just the same.......:)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

I can 't see HSBC going belly-up andena - even after all their shenanigans last year they still made 12.2 billion profit! - It's only the illegal charges you have to look out for.........:D .

  • Haha 1

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 1 month later...
johnnymitch

johnnymitch

Posted
Posted

Did they tell you that in writing , on the phone, or face to face cfcboy? :)

 

They really are the pits aren't they........?

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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johnnymitch

johnnymitch

Posted
Posted

OK cfcboy , I just wanted to get you and bb23 on the same wavelength - I think you've a lot in common when it comes to managed loans ...:) You can probably help each other here........

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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  • 3 months later...
johnnymitch

johnnymitch

Posted
Posted

I think brynhyfryd is extremely lucky if that's the deal they've got at 0% .

 

Most of them are horror stories like yours phat256 :eek:. If I was bryn I'd be watching carefully for the sting in the tail ......... they may come in with a crippling interest rate later (because they can!) to make up for the earlier carrot............

 

There again bryn , I may be just an old cynic, but this thread supports the attitude - :rolleyes:

However , if you have this deal and it works for you - good on you! :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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johnnymitch

johnnymitch

Posted
Posted
I found the best way to deal with HSBC is to refuse all offers of repayment

untill they give in. I was offered extortionate rate deals , but told them to stick it as id rather go bankrupt than pay as i was trying to get out of dept not have more. only then did they become reasonable.

 

Now, that is an interesting philosophy ........... you get what I owe you and no more - or you get nothing at all............. :cool: . Seems to have worked for you bryn......:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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johnnymitch

johnnymitch

Posted
Posted

Hi temerin - welcome to the forum

 

This may help with Option 2 as advised by hsbcfiddled :

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162353

 

Letter 'N' is the one you want .........

 

Best of luck

johnny :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 3 months later...
johnnymitch

johnnymitch

Posted
Posted (edited)

Hi campari 2 :)

 

It sounds like it may be time to press them for a signed CCA for this loan. If they did it on the phone , using bullying tactics , they can't have a signed agreement , because as you say, you didn't sign it and asked to cancel the telephone agreement....

 

If they can't produce a signed agreement there is no enforceable loan........

Unenforceable agreements

Absence of signed agreement

 

The agreement entered into between you and the bank is one which is regulated under the Consumer Credit Act 1974 (“the Act”). Section 61 requires that a regulated agreement be contained a written document which has been signed by both parties. Failure to do so means that the agreement has not been properly executed.

 

The consequence of improper execution is that the agreement cannot be enforced without an order of the court and in a case where a signed document has never existed, the court is prohibited from making such an order by Section 127(3) of the Act. The agreement is therefore unenforceable.

 

It might also be worthwhile sending a Subject Access Request , which covers asking for transcripts of all telephone conversations , but if you have a copy of the letters where you asked them to cancel and they refused , then that may suffice in court .

 

If you didn't send a signed agreement back but just asked them to cancel it , and they refused ...they're on very shaky ground IMHO ..............

 

 

Come back if you need further support campari 2 - someone will always answer on here ... :)

Edited by johnnymitch
sorting out font marks......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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