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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.

FRUSTRATED v LTSB **WON UNCONDITIONALLY**

myzeejon88

By myzeejon88
in LloydsTsb Successes

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myzeejon88

myzeejon88

Posted
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Just opened envelope telling me J U S T W O N £3259.89 Can't believe it, got to have glass of wine and reread letter, know I'm a bit thick when it comes to excel and computers, but compos mentis when it matters. Come back to you a bit later

Truth fears no questions.

MyzeeJon88 ;)

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GaryH

GaryH

Posted
Posted

Excellant news!!! Well done Myra, that absolutely brilliant:).

 

CONGRATULATIONS!!!

 

Bet your glad you never gave up!!!!;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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kfdh1962

kfdh1962

Posted
Posted

Well done you,

its great to see veryone getting back what is rightfully there's. lets hope my own claim gets settled soon (waiting for sc&m to get off their backsides and make an offer, one month stay now passed) i get to put up that same great news.

Each new victory spurs the rst of us on

 

again congratulations & well!!!

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myzeejon88

myzeejon88

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All over now, settled 17/11, still need a bit of help though, comes with 3 conditions:

1) amount will be credited to joint platinum account.

2) payment will be in full and final settlement of claim

3)terms are confidential to all parties

4)Must agree to maintain a/cs within agreed limits

5) You can avoid these fees in future if you agree an increase in your o/d with the bank before you try and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees.

Not happy with 2,3,4 can you believe 5, what's the bottom line on these conditions?

 

Thanks

Truth fears no questions.

MyzeeJon88 ;)

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livelylad

livelylad

Posted
Posted
All over now, settled 17/11, still need a bit of help though, comes with 3 conditions:

1) amount will be credited to joint platinum account.

2) payment will be in full and final settlement of claim

3)terms are confidential to all parties

4)Must agree to maintain a/cs within agreed limits

5) You can avoid these fees in future if you agree an increase in your o/d with the bank before you try and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees.

 

Not happy with 2,3,4 can you believe 5, what's the bottom line on these conditions?

 

Thanks

 

Why are you not happy with 2, 4? and 5 whatever!! also inform them you will not accept condition 3. But congrats on winning. A quick call today can sort this out.

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Bookworm

Bookworm

Posted
Posted

Your claim, you do not have to agree to ANY of it. Look at Mjanet v Lloyds claim, they tried to impose pretty much the same terms on her and she didn't budge one inch, and neither should you. They are STILL trying to control you and give you orders, even when you are suing them... Unreal. :mad:

 

It's now a case of who'll blink first.

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Tiger231589

Tiger231589

Posted
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Hi Myzeejon,

 

Congratulations ... is up to you what you agree to ... I got my settlement letter through the other day much the same as yours... wasnt happy with 3 so crossed it out and sent it back ... just waiting on them now. Once again congrats.

 

Zoe:D

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avlasc

avlasc

Posted
Posted

I too have had the same letter from SCM - its tough call really as you get all sorts of thoughts go on in your head, like should i just take the money incase this all goes belly up, I guess it only takes one loss in court and we have all had it.. and as they say the converstation with the OFT isnt over yet. I still havent decided what to do but there seems a flurry of settlements of late - I wonder whats behind them? And anyway who are they trying to stop is talking to ... I will probabaly give them a call on Monday say I am not happy with a couple of the conditions and see what happens ...

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Bookworm

Bookworm

Posted
Posted

Nothing. They are the logical conclusion of claims all started months ago, that's all.

 

Personally, I would never have accepted any conditions to be imposed on MY claim. And I didn't. And won every time.

 

It won't "take one loss in court and we've all had it". It would take a high court loss in court, and so far, the banks have run scared to go to county court, never mind high court. Do you know why? Because they would have to disclose their costs. They could either reveal their REAL costs and lose, as we all know those costs can not come to £30+, or they could perjure themselves with some made up costs... and risk the wrath of a judge who would see right through it. They can not take that risk.

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myzeejon88

myzeejon88

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Tiger231589, just moved away and another reply came in. thing is hubby has single account which I am now going after for him, so I don't want to agree with 2).As I said will just put a line through the lot

Truth fears no questions.

MyzeeJon88 ;)

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Tiger231589

Tiger231589

Posted
Posted

I crossed out what I wasnt happy with signed it and sent it back the same day ..... is totally up to you what you do .... I called scm on friday pointed out they had their settlement letter back and asked when they would be paying up as I wasnt prepared to get in touch with the courts till money was in my account, she said takes up to 5 days and asked if I had agreed with everything I said no not the confidentiality clause she said any problems and we'll be in touch. I pointed out we are due in court on the 28th of November ..to which she said the money would definately be in my account before the court date.

 

Z

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Tiger231589

Tiger231589

Posted
Posted

The claim you have got your letter for refers only to that account, not to any other accounts that you may claim for, so point 2 is only in reference to that.

Bookworm is the one that knows what is what, I just did what I felt ok with, the other terms didnt bother me hence me not crossing them all out.

 

Good luck whatever you decide, hopefully youll get it all sorted soon.

 

Zoe

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Michael Browne

Michael Browne

Posted
Posted

You could ignore their letter and send your own terms of acceptance along the lines of:

 

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement for the claim no. XXXX at XXXXX County Court

 

I accept this offer without predjudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will withdraw my claim and notify the court upon clearance of your cheque

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

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livelylad

livelylad

Posted
Posted
Tiger231589, just moved away and another reply came in. thing is hubby has single account which I am now going after for him, so I don't want to agree with 2).As I said will just put a line through the lot

 

They can not make you agree to anything, Even if you do agree to point 2 it is not enfoceable. If they owe you money whether you agree or not to a full and final its not legally binding.

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rivendale0506

rivendale0506

Posted
Posted

Congratulations on getting your money back!! :-) Can I just ask a quick question? I am claiming my brother's fees back on his behalf and we have a court date of 4th December. We have sent the court bundle to SCM but not received theirs (it was due with them by 11th November and we were due to have ours by then as well!)

 

When we sent the court bundle we included the paragraphs from the letter about them saying they wanted more time to negoatiate on their AQ, but had heard nothing from them (their AQ was filed in AUGUST!)

 

What should I do now - I don't have their evidence - they have mine - should I send the bundle to the court as the case is creeping nearer?

 

Any advice greatly appreciated.

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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GaryH

GaryH

Posted
Posted

The court bundle should have been filed at court at the same time as you served it to the other side. Get it off ASAP. In the meantime, if they have'nt complied with the courts directions to exchange documents get on the phone to them and ask them bloomin well why not?!!!!

 

Also, this should be posted on your own thread really.

 

Myra,

 

CONGRATULATIONS!!! (again!) Well done for not accepting their conditions.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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