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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

MBNA/Restons claimform - old A+L Card **WON+COSTS**

fairbyblue

By fairbyblue
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r&b

r&b

Posted
Posted

all the best FB, hope it goes ur way..

"Never in the history of the world has there been a situation so bad that the government can't make it worse."

 

LINK FOR CCA1974:

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

 

LINK FOR CPR:

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

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citizenB

citizenB

Posted
Posted

Just adding my best wishes:)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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fairbyblue

fairbyblue

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  • Author
Posted (edited)

Oh what a day.

 

Get to court nice and early plonk my self down is a deserted waiting room (only 3 other people there)then at 10.25hrs their barrister breezes in. Had the same oneAdmin review for SJ.

 

He then announces to me 'THAT THEY ARE DISCONTINUING"

 

Happy days.

 

So then the question of costs arose and I had written a schedule which totaled £835 which he said that earlier I had wanted £500 and then i said that was before Bouffont sent me 5 emails and phoned three times and also Ive attended today and that was without prejudice. I said let the judge decide.

 

So we go into court and met with the Judge, and in the Judge lottery stakes I hit the double rollover euromillions jackpot cos he was brilliant.

 

Barrister says that they are dicontinuing, judge says "Very Good now I can watch the cricket". Barr'r says that would not stop them pursuing me for the debt, judge says "If MBNA can prove it, and Mr XXX doesnt pay then Mr XXX would get CCJ". Barr'r reiterated that they would continue and in the words of the judge direct quote "I wish you luck on that one"

 

The schedule was produced by barr'r and said that my 3 attendences hearing time was excessive I said 9 hrs when it should be 5. I pointed out that i had prepared this prior to MBNA withdrawing and I had anticipated 5 hrs for today and 2hrs each for the other two hearings.

 

Judge knocked £37 of the total

 

Barr'r then said 60hrs prep time was excessive and it should be redused to 30hrs. I poitned out that as LIP I had to do research and that i had to type it up myself. Judge agreed so the total costs awarded to me is £798 payable withing 14 days

 

I asked for removal of DNs from credit file which i got i think have to check order as i was giggling so much.

 

On way out barr'r says that i have won battle and not war, I said I didnt know I was at war, he said that they will still try and pursue me. I mentioned that it is terminated and cant issue further DN, and the case would be exactly the same as the one that has just been discontinued. and he said we'll see. I then said please dont threaten me with actions you know are without merit.

 

So all in all a good day. No judgement, Notice of Discontiuence and £798 costs.

 

So a massive thank you to all those who have helped along the way for the advice and support. Those who talked sense the other day when I waivered.

 

Special mention to Supasnooper, CitizenB, Robcag, Bazaar and BRW

 

So when cheque clears an appropriate donation to the site to keep this valuable resource going to fight the greedy banks.

 

Now I'm going to get blotto.

:D:D:D

Edited by slick132
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Josie8

Josie8

Posted
Posted

congratulations :):)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Alphageek

Alphageek

Posted
Posted (edited)

Great news FB.

 

They'll need to seek the Court's permission to bring this action again and in the words of the Judge "Good luck with that!" :D

Edited by slick132
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The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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volvodriver

volvodriver

Posted
Posted

Well done

 

I hope MBNA are guests at some point and read this.

 

Banking and the law used to be noble professions and are a part of where our British love of justice came from.

 

You have just demonstrated by the nature of the people you retain, and the devious underhand tactics which YOU allow them to use that your have corrupted that trust.

 

Lets here no more of rogue debtors, the rogues are in robes.

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Rhia

Rhia

Posted
Posted (edited)

This is absolutely brilliant.

 

You are completely vindicated. Ignore that rubbish about coming after you again. They need the court's permission and some extraordinarily stunning new evidence - it's rowlocks.

 

You handled that brilliantly - refusing to budge and be intimidated. It must be getting very frustrating for some of these bullying type-lawyer-thugees to find the peasants really aren't too worried about them after all.

 

Just to add..well done that Judge too - although it didn't sound like it was a very taxing hearing as far as he was concerned.

Edited by slick132
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r&b

r&b

Posted
Posted

well played FB really really pleased for u.

"Never in the history of the world has there been a situation so bad that the government can't make it worse."

 

LINK FOR CCA1974:

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Consumer+Credit+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=436428&PageNumber=1&SortAlpha=0

 

LINK FOR CPR:

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

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citizenB

citizenB

Posted
Posted

Oh well done FB and to all who contributed to your success.

 

I have beaten off all the site team to be the one to include the success in your title and have moved you to the SUCCESS forums. :D:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Rhia

Rhia

Posted
Posted (edited)
Oh I almost forgot, is it worth reporting Restons ( Bouffont ) to SRA? Just to ensure your toecap stays up their backside you understand:p

 

Yes, yes yes, agree.

Edited by slick132
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