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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.

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      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.

Rob v A&L ***WON***

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robswift

robswift

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Hi everyone

 

I've been watching various comments regarding the Data Protection Letter. I sent mine requesting details of all my bank charges for the past 6 years and the £10 fee. I sent it to Alliance and Leicester on the 6th June 2006 (recorded delivery) the cheque has been debited from my account. So, is it 40 days from their receipt of the letter, 40 days from clearing the payment, or, 40 working days from one of these?

 

Cheers

Rob

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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hagenuk

hagenuk

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Hello and welcome.

 

It's 40 days from receipt of payment.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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robswift

robswift

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Thanks for that. I'll check when the £10 was debited and add on the 40 days, think they've got a couple of days left. Although I've noticed a few threads where A/L haven't complied, so won't hold my breath!! I'll keep posting updates.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Morning

 

After reading quite a few posts where banks haven't complied with the 40 days, I was quite amazed to find a large grey plastic parcel at home last night. At first I thought it was an early edition of Yellow Pages 2007, but it turned out to be my statements. 33 days after the £10 fee was debited from my account. Stupidly, I thought it would be a letter detailing the charges applied to my account. They have supplied statements back to January 2000, does that mean I can claim from then? More than 6 years? Anyway, I've got quite a few hours with a highlighter, ruler and calculator to work out the charges.

More updates soon.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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A&L have sent my statements dating back to January 2000. Is it worth claiming for the whole period 6 years, 7 months?

Cheers

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Hi Everyone

 

Been ploughing through my statements. That's when you really start to realise how much they've had off you!!:mad: The charges are amazing when you get back a few years, A&L were charging 3.50 for each day over your overdraft limit. The other charge they have used more recently is a standard 25.00 for going over your overdraft limit, but can all these be re-claimed??

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Think I've sussed all the charges I should be reclaiming, and to include the £10 DP fee.

But I'm sure with the unauthorised overdraft charge. I pay £5 a month plus interest for the Overdraft facility. When I go over the overdraft, they slap me with a £25 charge in total. Should I take £5 off the £25 charge and claim £20. From what I'm reading in the forums I need to get the figures right, just in case I'm the first one in court!!

Cheers

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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BankFodder

BankFodder

Posted
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Reclaim it all and see what they say. i don't really undersatnd why you are proposing taking off £5.00.

 

claim it all. If it goes to a clim - and it probably will beccause they are to stupid to learn that we all mean business - then if they feel that they shouldn't pay the £5.00 they canput it in their defence.

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robswift

robswift

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Thanks Bankfodder

OK. I'll hit them with the lot. I'm starting on the spreadsheet, but a quick calculation is nearly £2,000, plus interest. Minus 5% for this brilliant site.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Hi

Yep! That's what I'll do. Seems to be a lot of forum talk about going back further than 6 years, but 6 is the max for now. Apparently if the rules are challenged and changed, we'll be able to claim again anyway.

Cheers

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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An interesting thought.....I've been looking at a lot of comments on parachute accounts.

A&L seems to be one of the worst offenders for closing accounts after claims. However, all banks seem to be the same, with the same charges.

So, I'm in no rush to leave A&L, plus I have other accounts with them, but don't use them very much. If they only close the account you claim from, I could start using one of my other A&L accounts as my main account. It seems a pity to deprive them of my 13 years of loyal custom. It would be interesting to see if they try to fleece me every month. Or is this whole idea sick and wrong?:rolleyes:

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Downloaded the spreadsheet, and loaded in my charges. Easy to do. I'm going to double check and triple check - don't want to miss anything. First calculation is £1997.30.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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PKea

PKea

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Why are you worried of depriving them of 13 years of loyal custom when they have been charging you for 13 years. If they valued your loyalty you wont be going through the claim they would have given your money back to you. Think about It.

Thats just my personal take on it.

 

[MODERATED: Please do not post libelous comments on this site]

EDIT Agreed - i have rephrased the sentence.

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robswift

robswift

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Why are you worried of depriving them of 13 years of loyal custom when they will see it as 13 years of [edit] your money. If tyhey valued your loyalty you wont be going through the claim they would have given your money back to you. Think about It.

Thats just my personal take on it.

 

[MODERATED: Please do not post libelous comments on this site]

 

Hi Pkea

I'm not worried, I'm annoyed that they can just close your account because you've asked for your OWN money back. So, I want to go when I'm ready, not when they tell me to.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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The Holte41

The Holte41

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Having been a customer for over 25 years I would have loved to have had the opportunity and satisfaction of closing the account myself, unfortunately they beat me to it just as soon as I requested DPA info. I was a little over £23 in excess of my overdraft at the time, and assume that if I were to imply the account closure was retatiliatory, they would use my breach of OD as defence, so I wont go there. Personal choice as to when you close the account, just be aware they may not give you the chance to.

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robswift

robswift

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Having been a customer for over 25 years I would have loved to have had the opportunity and satisfaction of closing the account myself, unfortunately they beat me to it just as soon as I requested Data Protection Act info. I was a little over £23 in excess of my overdraft at the time, and assume that if I were to imply the account closure was retatiliatory, they would use my breach of OD as defence, so I wont go there. Personal choice as to when you close the account, just be aware they may not give you the chance to.

 

Hi Holte41

I'm glad you told me that. Information like that is what makes this forum so good. I've had no indication their going to close my account yet, but I've already done the Data Pro and had my statements. However, I am pushing my OD limit so don't want to get caught as I haven't set up a parachute account yet - now a priorty. Did they give you any time to move DD's etc, or just close it?:eek:

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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The Holte41

The Holte41

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Account was closed without warning. I did not discover that it was closed until I attempted to find balance via telephone banking in order that I could pay cash in to the account to bring it back within limits. I was redirected and told that the account was closed and that they had written to me with a formal demand notice the previous week. I did receive that letter - two days after the call.

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robswift

robswift

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Account was closed without warning. I did not discover that it was closed until I attempted to find balance via telephone banking in order that I could pay cash in to the account to bring it back within limits. I was redirected and told that the account was closed and that they had written to me with a formal demand notice the previous week. I did receive that letter - two days after the call.

 

Thanks again Holte41, I would have walked straight into that one. Each day I'm more amazed at what they get away with.

Cheers

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Finally got my charges calculated using the spreadsheet. Total charges £1,629.25 - plus Interest of £369.48 if it goes to Moneyclaim. Total £1,998.73.

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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robswift

robswift

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Reclaim it all and see what they say. i don't really undersatnd why you are proposing taking off £5.00.

 

claim it all. If it goes to a clim - and it probably will beccause they are to stupid to learn that we all mean business - then if they feel that they shouldn't pay the £5.00 they canput it in their defence.

 

Morning BankFodder

I've been going through my A&L statements and have finally got my charges calculated using the spreadsheet. Total charges £1,629.25 - plus Interest of £369.48 if it goes to Moneyclaim. I'm going to send your Library letter requesting a refund of the £1,629.25. However, I've only just applied online for a parachute account with Smile. This has been accepted in principle, but not confirmed until they've completed their checks. Should I hold on to my A&L claim until the Smile account is open?

Thanks

6/06/06 Data Protection letter sent, 18/07/06 Statements Received Total Charges £1,543.25. Int £366.13, 01/08/06 First request for repayment sent, 03/08/06 No you can't have your money letter received, 31/08/06 sending LBA, 05/09/06 Our charges are fair letter received, 14/09/06 Moneyclaim filed, 18/09/06 A&L say they will defend.[SIZE="1"][/SIZE] 29/09/06 Settled without interest, 6/10/06 Letter to A&L requesting further payment of £362.47 to settle

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