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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.

Going to Cout with HFC

Dyanomo
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fedup74

fedup74

Posted
Posted

Dynamo how did you get £25 an hour is this as a litigant in person rate cos I thought this was £9.25 or are you entitled to claim what their solicitor is claiming? Just a question cos I don't want anything to go wrong on your claim. Wishing you the best of luck, keep us updated:)

<<<If I have helped please tickle the scales;-)<<<

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alanalana

alanalana

Posted
Posted

Hello dyanomo,

 

It's what the judge said I could claim at the preliminary hearing.

 

What a very nice Judge please give him my compliments for his sound judgement when you next see him:D

 

Lets hope your costs are repaid in full and remember the cost of ink and paper and electricity a gentle nudge will probably get your another couple of pounds.

 

Also remember the hourly rate is ongoing while you are on cag;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Dyanomo

Dyanomo

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Oh but of course!!

 

Not received anything from HFC yet and they have until 1st December to send me any docs they are relying on. I am assuming if they are relying on the same evidence as the prelim hearing then they won't send that again.

Looks like they have no witness or witness statement to ask questions to over the Needs and Benefit Form.

 

Is a Needs and Benefit check required by law before dishing out PPI or is it just advised? What is the deal with this?

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alanalana

alanalana

Posted
Posted

Hello dyanomo,

 

Oh but of course!!

 

Not received anything from HFC yet and they have until 1st December to send me any docs they are relying on. I am assuming if they are relying on the same evidence as the prelim hearing then they won't send that again.

Looks like they have no witness or witness statement to ask questions to over the Needs and Benefit Form.

 

Is a Needs and Benefit check required by law before dishing out PPI or is it just advised? What is the deal with this? I am not sure about this from a legal aspect. Not all banks or Credit Card companies used a needs and benefits form and those that did sometimes missed off vital questions to ascertain if the product (PPI) was suitable for the customer. For examply my form called a Customer duty of care form did not have a question about pre existing medical conditions and the small print in the PPI Terms and Conditions made no mention of pre existing medical conditions either. So basically the form was useless as it did not cover all eventuallities. Remember the form is only as good as the institution made it, miss off vital info and bingo it's a waste of time. Remember it is up to them as the seller to ensure the product suits you. If they do not ensure it is suitable then the have screwed up and sold a duff product. It is not down to you to say Oh yes your product suits me 100% and that is where the big PPI sell fails the customer big time.:eek:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Paintball

Paintball

Posted
Posted (edited)

They are obliged to send you a Benefits and Needs document that is specific to your circumstances and not generic. They should also issue you with a keyfacts document ...

 

 

Lovin' your Judge BTW ... he rocks! :-)

Edited by Paintball
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Dyanomo

Dyanomo

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I received the Bundle from the Defendants today. They have a witness statement in there from a Woman who claims not to be the woman who issued the Loan but a woman who worked with the woman who issued the loan..eh??

 

Anyway she says, Jackie issued the loan but no longer works for HFC. She was a manager and very reliable etc. She is the staff member who signed the loan agreement only I specifically remember it was a man who sold the loan to me not a woman. I believe the paperwork was then taken away and signed by a manager.

 

To complicate things more, this woman claims the Needs and Benefit Statement taken relates to a previous loan I took with HFC 8 months before. (Even though it has the correct account number on it). There is lots of reference to documents stating 'Optional Insurance' but these are for previous loans.

 

As far as I can understand - she is stating the Needs and Benefit Statement is for a previous loan. They have sent no Needs and Benefit Statement relating to the loan in question?

 

I am very confused and hope the judge will be as well.

 

There main argument seems to be that because I took out PPI on previous loans then I must have agreed to it this time.

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Dyanomo

Dyanomo

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They also say I had 2 pervious loans with HFC and both had PPI.

this is incorrect. I had a previous 3 loans with HFC and only one had PPI. I have the evidence to prove this from my original SAR.

 

I have just spoken to the defendants solicitors, a horrible jobsworth. She said that all the information they are relying on has been sent so there is no Key facts or Needs and Benefit Statement for Loan in question.

 

Oh and the witness statement has a page missing!

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Dyanomo

Dyanomo

Posted
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I have written to the asking for their Witness Statement to be thrown out as imcomplete. Not heard anything back (sent it last year) but assume it is on file.

 

I am in Court tomorrow. Let you all know how I get on.

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moose73

moose73

Posted
Posted

what was the outcome of this?

HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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