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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.

Has anyone managed to reclaim the money they spent on DPA?

hannanshah

By hannanshah
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hannanshah

hannanshah

Posted
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EDIT: Has anyone managed to reclaim the money they spent on the DPA letter from the banks? (Either through the legal process or a settlement).

 

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

 

Will I be able to reclaim the £10 DPA charge from my bank/credit card company? I already know the exact charges I want refunded but I want to use the DPA letter to ask about the manual intervention in applying these charges. However, in spending the extra £10 I want the reassurance that I'd be able to claim it back later!

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BankFodder

BankFodder

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You can always add it to the claim. We can't give you any assurances.

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hannanshah

hannanshah

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You can always add it to the claim. We can't give you any assurances.

 

I understand that nothing is guaranteed. Just wondering about the chances of getting my money if I put it in a claim. I guess I could add it in a a small claim but what if the bank decides to pay up instead of going to court. Would they also be willing to add the extra £10? Maybe I should just try giving them a call and see if they can give me the manual intervention information for free.

 

Do people think that the manual intervention information is really necessary at this stage? Although it would help I'm assuming I could always produce the argument later should we end up in court (ie. ask them to justify their costs though whether they reveal the information is another matter).

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gomadnomad

gomadnomad

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Just wondering about the chances of getting my money if I put it in a claim. I guess I could add it in a a small claim but what if the bank decides to pay up instead of going to court. Would they also be willing to add the extra £10?

If you don't ask you don't get!

Thats 4 in the BAG!!!!

(£509.60amex..£396.31 Halifax credit card....£768.47+£783.99 Halifax current account)

so crooked they use a corkscrew for a ruler!(allegedly)

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BankFodder

BankFodder

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Well if the £10 is really that important to you then you had better not risk it then.

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hannanshah

hannanshah

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Well if the £10 is really that important to you then you had better not risk it then.

 

LOL

 

It's the fact that I'm claiming a smallish charge from 3 different institutions meaning £30 in DPA letters. £30 is a lot for a student!

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BankFodder

BankFodder

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Well I'm sorry but we are not here to help you order your financial priorities. We'll help you go forward of you want to claim.

I think that it's up to you now.

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hannanshah

hannanshah

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Well I'm sorry but we are not here to help you order your financial priorities. We'll help you go forward of you want to claim.

I think that it's up to you now.

 

:roll: Jeez I only asked for some advice about the potential to get the tenner back.

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richardc

richardc

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Bankfodder did give you advice:

 

ou can always add it to the claim. We can't give you any assurances.

 

What more can we say?

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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rivendale0506

rivendale0506

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I can understand that being a student money is tight but think of it this way - the £30 is less than the cost of the charge for one returned DD from these thieving banks! :wink:

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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hannanshah

hannanshah

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Bankfodder did give you advice:

 

ou can always add it to the claim. We can't give you any assurances.

 

What more can we say?

 

Damn this is dragging on. I didn't ask for anything else.

 

Just got the implication that I was told "We've given you the advice now bugger off".

 

Sorry IF I misinterpreted the comments.

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BankFodder

BankFodder

Posted
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No, you got the message that you can add your £10, you may get it back but no one can guarantee it, this whole thing is taking up too much time so you now decide for yourself and if you want to proceed then we will help you but there are other people with more pressing problems to give support to.

If you really need to discuss your personal financial priorities then try http://www.bankchargeshell.co.uk No one has told you to bugger off but you are being told to take a little responsibility for yourself now.

 

And it's not stress, I can assure you.

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hannanshah

hannanshah

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No, you got the message that you can add your £10, you may get it back but no one can guarantee it, this whole thing is taking up too much time so you now decide for yourself and if you want to proceed then we will help you but there are other people with more pressing problems to give support to.

If you really need to discuss your personal financial priorities then try http://www.bankchargeshell.co.uk No one has told you to bugger off but you are being told to take a little responsibility for yourself now.

 

And it's not stress, I can assure you.

 

Okay I'll drop the topic but I did apologise so the tirade wasn't necessary.

 

I'm ready for my claim and that includes a legal battle if necessary. Now I've just got to time this thing so it doesn't coincide with my May exams!

 

AND THANK YOU FOR THIS AMAZING SITE!!!

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BankFodder

BankFodder

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Posted

What bank?

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BankFodder

BankFodder

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OK. Can you start posts in the appropriate forums please and we'll follow through there.

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