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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.

Clydesdale Finance PLC

octron32

By octron32
in Other Institutions

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caro

caro

Posted
Posted
:oops: I won't ask what the action might be.:D
The Consumer Action Group is a free help site.

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Advice & opinions given by Caro 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.

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caro

caro

Posted
Posted

I wish you well with this but am not sure how successful it will be to be honest. Still it's worth a shot I suppose.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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caro

caro

Posted
Posted

I understand the logic, it is just that I think you need to claim interest with the main amount, and I am not sure that it would be accepted by the court. It could be worth the gamble though.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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octron32

octron32

Posted
  • Author
Posted

just to bring this upto date.

 

received this morning

 

Judgment for Claimant (in default)

 

To the Defendant (clydesdale)

You have not replied to the claim form

it is therefore ordered that you must pay the claimant (thats me:D) xxx for debt (and interest to date of judgment) and 50.00 for costs.

 

well see if i get a cheque in the next 28 days or clydesdale have a CCJ :cool:

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caro

caro

Posted
Posted

Wow Octron. Respect! I really thought you were wasting your time with this one :o. Still my sig (the very last bit) says it all. Well done.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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octron32

octron32

Posted
  • Author
Posted

:D cheers caro,

 

i got to admit i thought this wouldnt go anywhere but, if you dont ask you dont get,

 

the best bit though is

 

1)they dont pay they get a ccj

 

2)i can donate twice from one company, cheers clydesdale we salute you (ha)

 

3)i might be even cheekier and if they do pay claim for the interest that is running at 28.9% while waiting for cheque to clear.

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caro

caro

Posted
Posted

Well it should run until the date it's settled, and that is when the funds clear your account.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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caro

caro

Posted
Posted
Just to bring up to date.

 

Warrant of execution applied for.

 

Hanging or the axe?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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roby07

roby07

Posted
Posted

Hi All,

 

Im really hoping someone on here can help me!

I had a kind of loan thing with Clydesdale financial services in which was due to finish on 11th may 2008, unbeknown to me i carried on paying until i realised on the 29th jan 2009, they then spent 11 months looking for me as i moved address. i was served with a letter from Apex who told me i still owed over £400, I paniced without thinking and they told me i could have a settlement figure to clear the lot of £220 which i paid in full. Today i've gone on to my Credit report only to find a big red default and saying i still owe the other £200. In actul fact they owe me since it finished in may 08??? i now need to sort this in getting rid of the default sorting the money i dont owe them and sorting the money they DO owe me!! Help please i dont know where to turn. I also have my car with these people which only has 23 payments left on it im worried im going to face the same headache when i cancel this too at the end.

Does anyone know what i can do to resolve this or any valid contact number, to talk to someone regarding this, Thanking you all in advance for your help or trying to help!!!

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brigjacj

brigjacj

Posted
Posted

post a dispute notice on your credit file and tell clydesdale and apex that

you dispute it by letter only do not phone them look at the letter templates on this site its up to them to prove you still owe if you have get all previous documents together and check payment /pay off dates tell them you will claim

back any overpayment plus interest. they cant persue you once you dispute the

alleged debt admit nothing1!!

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roby07

roby07

Posted
Posted

Hi,

 

Thanks for your response its very much appreciated. Do i write to expereian to dispute my Default? Im new to all this and feel like my world has been turned upside down??? Im not sure it will help writting to Apex as they have already had the money they wanted in Nov and they told me that would be it account totally settled no more come back from it???? And thats not it i now have a big fat default on my credit file and i've never defaulted i cancelled my dd 8 months after the agreement had finished?

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brigjacj

brigjacj

Posted
Posted

Hi,Have you got all the documents regarding these transactions?

especially the account settlement from Apex.Log onto Experian note the entry number of the default then either telephone or email Experian and tell them you dispute the entry.

write to both Apex and Clydesdale formerly telling them both that you do not any alleged debt to them.

Demand proof of any alleged debt ie a true signed copy of the original agreement under the consumer credit act and demand a full and up to date statement of the account.inform the that you will deal with them only in writing,phone calls or visits will be treated as harassment. take a look at the template letters on this site they contain all the detail on the consumer credit acts and the sections that apply in your case.If you believe these people owe you money from over payment stae that you will be seeking redress and will persue the matter if necessary through the small claims court and will require them to pay interest and costs on the action.if in doubt try the CAB in your area. Good Luck!

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