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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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      By Butterbean23 · Posted

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      So which do you wish to run with ?

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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.

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      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.
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Second time around!!

westwalian

By westwalian
in HSBC Bank

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westwalian

westwalian

Posted
Posted

Hi all, after a period of 18 months, i'm back claiming again! I've already received a settlement from HSBC, do I need to go through the process from scratch or can I just sent my excel spreadsheet with charges and interest straight to the court procedure?:-) Many thanks

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saintly_1

saintly_1

Posted
Posted

You need to send the prelim letter and the LBA , then the banks cant say that you never gave them the chance to settle ........ also due to the OFT case currently at court be prepared for the bank to send you a ' we dont have to deal with this now' letter.

 

Your claim will also be stayed at court for a while.

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Castlebest

Castlebest

Posted
Posted

With the current test case waiver there isn't a lot we can do after our claims have gone to court and been stayed (put on hold) :-|

 

BUT....

 

Once you have started your claim and your account is in dispute there isn't a lot the bank can do to recover what they see as a debt either, the only legal way is through the court system and your claim is there already.

 

So if the charges they keep adding to your account are causing you a problem open another bank account and take your finances and your money out of the reach of HSBC, let them add charges, they cant recover them and you will claim them back :rolleyes:. you can even write to them and tell them that as they keep applying ridiculous charges to your account you can no longer afford to bank with them :).

 

You will get some stupid letters demanding repayment and maybe phone calls but there is no legal basis to any of it and most of these tactics are unlawful so we can advise you what to write to get them to stop :-).

 

pete

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johnnymitch

johnnymitch

Posted
Posted
by pete:open another bank account and take your finances and your money out of the reach of HSBC,

 

Of course, pete is talking about a parachute account Westwalian - but as you're second time around you probably know that . :) However this link may help you with it.

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

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
Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?:confused:

 

Once you've given them 14 days to answer your LBA and then started court proceedings - yes, I'm afraid so - but it attracts s.69 interest of 8% once it's in the court system ..........:)

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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Castlebest

Castlebest

Posted
Posted
Great thanks for the prompt response and reply. So once i've sent the LBA, my claim will sit at the court until further notice? Is that right?:confused:

 

You can leave it at LBA stage and I don't think many people here would question the validity of your dispute but to make it rock solid (if you can afford it) I would submit your claim to the court and then as Johnny says you will start to accrue the 8% county courts act section 69 interest as well :).

 

pete

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Drewie3000

Drewie3000

Posted
Posted

sorry to Hi-jack your thread slightly, but I'm considering doing this second time round... As far as I can tell from reading everything in here, the process is the same, i.e pre-lim --> LBA --> MCOL court claim. Is that correct? only difference seems to be that the case will be stayed (small price to pay for the extra £££'s in interest!!!). I've actually started banking elsewhere as HSBC were charging me £150 a month, since moving banks I've not had a single charge and can finally afford to eat food again!!!

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johnnymitch

johnnymitch

Posted
Posted

Hi drewie ,welcome back :)

 

You're right , exactly the same procedure and it will be stayed unless a ruling comes down before that , but it'll be earning 8% (s. 69) interest whilst it's waiting ........ :D

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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cleo4patra

cleo4patra

Posted
Posted
With the current test case waiver there isn't a lot we can do after our claims have gone to court and been stayed (put on hold) :-|

 

BUT....

 

Once you have started your claim and your account is in dispute there isn't a lot the bank can do to recover what they see as a debt either, the only legal way is through the court system and your claim is there already.

 

So if the charges they keep adding to your account are causing you a problem open another bank account and take your finances and your money out of the reach of HSBC, let them add charges, they cant recover them and you will claim them back :rolleyes:. you can even write to them and tell them that as they keep applying ridiculous charges to your account you can no longer afford to bank with them :).

 

You will get some stupid letters demanding repayment and maybe phone calls but there is no legal basis to any of it and most of these tactics are unlawful so we can advise you what to write to get them to stop :-).

 

pete

Hi - thanks for the info: this is exactly the situation I find myself in. They took 25% of our total income for the months of Agust and September in charges - how can anyone cope with that. I have sent my claim and schedule of charges and had the standard letter back - however I have also written to the FOS regarding my current situation due to their charging system. I am disgusted.

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

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saintly_1

saintly_1

Posted
Posted
Hi - thanks for the info: this is exactly the situation I find myself in. They took 25% of our total income for the months of Agust and September in charges - how can anyone cope with that. I have sent my claim and schedule of charges and had the standard letter back - however I have also written to the FOS regarding my current situation due to their charging system. I am disgusted.

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

Have you tried approacing them with hardship ?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html

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Castlebest

Castlebest

Posted
Posted

If I am at this stage is it a good time to write and say we can no longer afford to bank with them - I have my parachute account ready

thanks, however I will still owe them overdraft

Any wording for a letter available about sacking them off -

 

Keep trying to resolve things with HSBC, send off all of the paperwork to substantiate your case for hardship go as far as you can with them and see what they say.

 

My own claim is currently stayed in court but after having over £500 added to it in charges in 40 days I stopped my wages from being paid into this account and have moved my day to day finances.

I didn't send a letter "sacking" them, the account is still there and HSBC still believe I owe them a debt of the balance of the account but with the stay in place there is no way I can resolve matters.

 

I would move your money away from your HSBC account so you can afford to pay your bills and if your hardship case fails you will be in the same stale mate situation that I am in.... at least I can afford to eat :cool:

 

pete

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Mr lex

Mr lex

Posted
Posted

As Pete say's, I would file at court to be sure.

 

Don't use MCOL, use form N1 at your local court :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

They will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim.

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should start claim at court now, after you have done prelim and LBA.

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected.

 

When the stays are finally lifted, you will be one of the first in the queue to get paid.

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

 

Hope this helps

 

Lex

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This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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cleo4patra

cleo4patra

Posted
Posted

Sorry - I am a Yorkshire Bank Customer - I relied to the thread because of the subject matter - however thanks for the info. Believe me I will take this all the way. I have had that account for over 30 years and this how they treat you!

 

My main worry is that they eare eating more and more into our salaries with charges making the matter worse. So I am going to move it to another account - I realise they will chase me for the debt - but I have no choice. Are you saying I need to wait till I have lodged a court claim first - because I can't do that. I need to do it now.

I have sent prelim and had standard letter back - just completing hardship paperwork today. How long to wait before sending next letter? thanks

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Castlebest

Castlebest

Posted
Posted

Cleo, it doesnt matter which bank is ripping you off if we can help we will :). as Freaky says stick to your claim time scale but treat your account as dead from now on ;) the sooner you get your wages out of the banks reach the better :).

 

Pete

 

ps Freaky where have you been???? :D

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johnnymitch

johnnymitch

Posted
Posted

Hi freaky - lovely to see you back ,mate :D

 

Cleo this may help with your move to another bank .......

 

Parachute Account

http://www.consumeractiongroup.c o.uk/forum/general/13832-do-you-need-parachute.html

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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cleo4patra

cleo4patra

Posted
Posted

Hi - I have spent a long time reading templates etc and really good site - what I need to know is do I ask to close account and offer to pyOD back in instalments (I am worried about further charges) or do I do something else?

Regardless I am going to move salary in next couple of days

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