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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.

Hope this works ***WON***

kydcarmen

By kydcarmen
in Nationwide Successes

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kydcarmen

kydcarmen

Posted
Posted

Well, I have written my letter and schedule of charges and I am on my way tomorrow to the Nationwide, so they can fax the letter to head office.

 

I have just recently disputed my bank charges and since getting all of my statements, I have found that Nationwide have charged me in the past when they shouldn't have. I have paid £1800 in charges since Feb 05. I hope this works, but I am prepared to go all the way court if necessary. I have been reading all the messages on here which have helped me a great deal.

 

Wish me luck!!

 

Carmen

:p :p :pCARMEN :p :p :p

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dolly

dolly

Posted
Posted

Carmen - I am sorry that no one replied to you a few days ago :( I usually check all posts on the Nationwide section but somehow yours got missed, so sorry.

 

Anyway, just wanted to say best of luck to you - not that you'll need it. You'll have that money back in the next few weeks and it is the best feeling. Please keep us up to date - just saw on another thread that you have already sent your first letter so stick to your timetable and soon you'll get it all back, plus interest.

 

I don't know if you are on benefits but if you are you may be exempt from the court fees so it would definitely be worth checking.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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HKS

HKS

Posted
Posted

Good luck!

 

Keep us updated. I am awaiting to hear from Nationwide for exact details of what I have paid. It is over £4000.00 which is madness but someone told me to think of it as savings for the future!!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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kydcarmen

kydcarmen

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Thanks dolly and HKS, I am on benefits now so i'm hoping that I will be exempt when it comes to the moneyclaim. Thank you for your reassurance, I feel more at ease now. I will keep you up-dated. Thanks again

 

I may need some help trying to figure out the moneyclaim forms when it comes to it but i know I will get all the help and advice from all of you wonderful people.

:p :p :pCARMEN :p :p :p

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Ihatebanks

Ihatebanks

Posted
Posted

If you are wanting to use moneyclaim you will have to pay for it

If you are on benefits and think you might be exempt you will have to file a claim at your local court give them a call first and they will tell you what prove you need to take with you

There is a N1 form in the libary that you can fill in and print off(you will need 3 copies)

Good luck:)

Lloyds TSB - N1 claim issued 18/07/06 - £3440 Offered unconditional settlement 23/08/06

Vodafone-Information Commisioner assessment -default removal -25/07/06

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kydcarmen

kydcarmen

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Waiting, waiting, still waiting. I really hate having to wait, I wish it was next week so I could send the 2nd letter. I am impatient I know that, so this waiting for a reply from the bank is killing me. Why are they always quicker to send you letters when you owe them money!!!

:p :p :pCARMEN :p :p :p

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HKS

HKS

Posted
Posted

Tell me about it!! I am so impatient too. Should be getting all three letters this week from Nationwide / cap 1 and Monument. Just want to get on with it!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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kydcarmen

kydcarmen

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Received today from Sarah Watson, Team Manager, Member Accounting Servicing

 

 

We appreciate the time you've taken to get inotuch with us about this issue, and are grateful for the opportunity to explain the rationale behind our charging policy. We are aware there has been a lot fo speculation about fees and charges in the media and that the office of fair trading has issued a directive regarding credit cards.

 

As you know if we allow items to be paid and it means you exceed your agreed overdraft or we have to return an item unpaid on your account then we will make a charge in accordance with the terms and conditions. Details of our tariffs are contained within our leaflet, freely available in branches and provided when opening an account and agreed to by yourself when you sign in acceptance of these terms when signing thhe application forms.

 

Nationwide believes it is open and transparent about charges and members are pre-notified prior to charges being debited via their monthly statements. We hope that you can abide by the terms and conditions of the account but if you cannot, then regrettably it may be appropriate for you to consider alternative banking arrangements.

 

blah blah blah...................what a load of rubbish!

 

Although they say they are transparent, they still don't seem to be able to say what the charges pay for exactly!!!!!!

 

I'm guessing that after getting this letter I can now send off the LBA letter now?

:p :p :pCARMEN :p :p :p

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dolly

dolly

Posted
Posted

Just wait until the 14 days have passed before you send the LBA just so that you have done everything to the letter....just in case they change their mind... :lol: :lol:

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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oooeee

oooeee

Posted
Posted

hi there it is just 14 days from the day they receive it, so 15 from the time you post it first class. in answer to an earlier question if you are on benefits you need to use the template for the N1 form on here (you can cut and paste the particulars of claim etc of the moneyclaim bit onto it) print out 3 copies, one for you and two for the court and take them with proof that you receive benefit and hey presto all done!! my court were very helpful when i went in and it really is a very simple form to claim. good luck and keep us posted!!!

oooeee

 

As a mathematics degree student i know their figures don't add up!!!! join the Revolution!!!

 

 

 

Nationwide Building society £1778.55 LBA sent 22.06.2006 Claim filed at Truro court 07/07/2006 for £1842.78 Acknowledgement recieved 19/07/2006 "intend to defend". £246.73 (interest on amount) paid into account 20/07/2006 Remaining £1595 paid into account 21/07/2006

Littlewoods catalogue looking into late charges. £80 of charges made phone call 16/07/2006 letter going out 21/07/2006

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kydcarmen

kydcarmen

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Thank oooeee, your help and advice is very appreciated. I can't wait to file my claim.....lol....I have already spent the money in my head and it will be a good christmas for kids this year.....lol

:p :p :pCARMEN :p :p :p

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HKS

HKS

Posted
Posted

Good for you!

 

Just about to send LBA myself! I know I will end up having to file N1but apparently Nationwide pay up pretty quickly after they get that.

 

Definitely going to take the kids on holiday once all this is done!!

 

I hope it all goes well for you.

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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marina wood

marina wood

Posted
Posted

Hehe looks like we could all do with going on a holiday, This is also something that is an absolute pain in the posterior but will be worth it to have it paid back. I am also on benefits. It seems that us that are unable to pay seem to be charged a whopper because of it. I think the best one is, When you haven't the money in your account and then they take the charges out... they also charge you for going over drawn??!!?? How can they make sense of that? Bananas. I did read on here also that you can claim back the interest you would have made on it? Oh my, if I do that also with mine I will more than likely exceed my £5000 small claims right.

[SIZE=1][FONT=Comic Sans MS][COLOR=red]Started proceedings with NATIONWIDE on 20th June 2006. Waiting to hear from them now.[/COLOR] [/FONT][/SIZE] [FONT=Comic Sans MS][SIZE=1][COLOR=blue]Phoned head office 27th July and I have mailed them also this evening in regards to my request. Still haven't heard a thing.- Update. they mailed mack and basically have suggested me paying another ten pound fee. They will have a letter sent to them Monday explaining they have seven days further to comply. Without the extra ten pounds. [/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#0000ff][/COLOR][/SIZE][/FONT] [I][FONT=Lucida Sans Unicode][SIZE=1][COLOR=purple]It's gonna be a tough ride... [/COLOR][/SIZE][/FONT][/I]

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HKS

HKS

Posted
Posted

It is amazing what these banks have gotten away with so far.

 

I have added my interest for when they have put me over my overdraft due to charges and that works out an extra 251.00 let alone when I add 8% when I file claim.

 

Well, we can all thnk of our charges as investments now!!

Capital One : £200.00 - Prelim sent then £68.00 put into a/c. N1 issued 08/08/06 for £132.00 + £19.54 @8% - Total Refund received

 

Monument: £532.00 + £96.11@8%. N1 issued 08/08/06. Defending claim.

 

Nationwide: Claiming £4835.87

£4593.53 paid back 18/08/06 Emailed Charles Bacon 21/08/06 to get the difference of 242.34 paid back.

 

NatWest: Prelim sent 22/08/06 for £1018.00. N1 issued 08/09/06. Filed judgement and received cheque for 1366.97 (inc interest) 28/09/06

 

Topshop: Total refund received £102.00 after 1st Letter

 

 

:p:lol: :lol: :p

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kydcarmen

kydcarmen

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Well I ma due to send off my LBA this week and I'm just wondering if I should send it straight to the man himself, Charles Bacon I think it is!

 

Has anyone else sent a LBA to him and if so did he reply quicker? Probably not as i'm guessing he is very busy.

:p :p :pCARMEN :p :p :p

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kydcarmen

kydcarmen

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Well they have done it again, Taken £50 in charges because they say that I was overdrawn and 10p short for a DD so it had to be returned. Well got 2 parachute accounts now and more money will be going into my nationwide account as of next week, so they can whistle for the money now i'm over drawn.

:p :p :pCARMEN :p :p :p

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