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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.

Paul V's Abbey **WON**

PKea
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thecornflake

thecornflake

Posted
Posted

Very interesting. i didn't know you still had to go if the funds won't clear in time.

 

Are you sure Abbey aren't attending? If so you're laughing. As long as you have all the relevant info required by the court you should be fine.

 

It will be interesting to see what happens, as they have settled but there will still be a hearing.

 

Keep us up to date.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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PKea

PKea

Posted
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I have phoned the court and the clerk told me that the details are put in the case fil for thr Judge to decide at the hearing. This is due to the late offer of settlement.

Although the clerk said it is stranger for the hearing to go ahead when both parties have agreed to settle.

I have all my details ready for court plus copies for Judge & Abbey.

Will i be giving my case to the Judge or will he give me the judgement for Abbey's failure to turn up.

Also can i ask the Judge to add my expenses to the claim for me having to take time off work, prepare additional materials, travel, parking etc.

???

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PKea

PKea

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I have phoned the court and the clerk told me that the details are put in the case fil for thr Judge to decide at the hearing. This is due to the late offer of settlement.

Although the clerk said it is stranger for the hearing to go ahead when both parties have agreed to settle.

I have all my details ready for court plus copies for Judge & Abbey.

Will i be giving my case to the Judge or will he give me the judgement for Abbey's failure to turn up.

Also can i ask the Judge to add my expenses to the claim for me having to take time off work, prepare additional materials, travel, parking etc.

???

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thecornflake

thecornflake

Posted
Posted

I'm not sure what he will do. He shouldn't need to make a judgement as Abbey have agreed to settle but then you haven't got the settlement yet.

 

I don't think you'll have to present your case in too much detail if at all but it is worth being prepared will all the necessary documents.

 

You can try to claim for expenses but if it's in the small claims this is rare and I'm not sure how this would be added to the claim at this stage. It's worth asking though.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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PKea

PKea

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Right, I'm just preparing all my documents and double checking everything.

Not sure what to expect in the morning as Abbey have settled and I received the cheque.

Abbey didnt cooperate with the Judges order either.

I presume that i will state my case to the Judge and he/she will grant and adjournment for the funds to clear.

Can the judge still make a judgement even though we have agreed to settle?

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PKea

PKea

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Right I' just having a final read through my documents.

I'm not sure what to expect at court.

Just hoping i have everything covered.

Ive got all my notes together, in order, si i dont nmiss or skip details.

I will let you all know later what happenned.

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PKea

PKea

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Well I went to the court, told the clerk I was there in person.

He told me that the Judge had readf the letters and agreed to an adjournment for a month.

the clerk also said that i could see the Judge if i wished but due to the wait i decided not too.

Anyway cheques in the bank and cleared funds by next weekend.

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bish

bish

Posted
Posted

Hi PKea

 

I would get onto the ba****ds and give them hell. Agree with crispdust, bankers draft with special clearance. Glad things whent well with court and sure you will receive your money soon.

 

Regards bish.:D

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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