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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.

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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.

mjanet v lloyds :** WON ** UNCONDITIONALLY

Janet-M

By Janet-M
in LloydsTsb Successes

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Janet-M

Janet-M

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LMAO believe me I can't lie to save my life anyone who knows me would know right away I was lying cos I just end up laughing .

 

But in the words of Bookworm its maaaaaaahhhhhhhhh munnnnnnnnyyyyyy who are they to set conditions when I am suing them :D

 

ok I quite like conditions 1 & 3 :rolleyes:

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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elsinore

elsinore

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Finally I understand that your clients are closing the accounts of their customers who complain about their charges .What you may not know is that yesterday the FSA announced that it considered that this retaliatory action was discriminatory and that it was referring the matter of such closures to the banking code standards committee. The FSA also announced that it expected the banks not to become involved in this retaliatory closure and to uphold the standards of the banking code.

 

I was so impressed by this that I quoted it on another thread. Hope you don't mind.

But I couldn't find any reference to it on the FSA website!!? Can you advise please.

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Janet-M

Janet-M

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Of course I don't mind :D

about FSA I read it somewhere and can't remember where, also Bankfodder has been telling everyone here

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Janet-M

Janet-M

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Email sent today

 

Dear Sir,

I have repeatedly advised you that only unconditional full settlement will result in my withdrawing the claim in which your clients are the Defendants. Yet, you persist in trying to impose conditions, in blatant disregard of my previous communications.

 

 

If after settlement, your clients wish to discuss the running of my account, I shall happily do so, but not while this court action is still ongoing.

 

Yours truly

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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geteven

geteven

Posted
Posted

Can I ask at what point your receiving all these offers, only I've been told by the Court that Lloyds have until the 19th to put in a defence, and I'm wondering whether I should write to them and give them a nudge? what do you think?

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Janet-M

Janet-M

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Can I ask at what point your receiving all these offers, only I've been told by the Court that Lloyds have until the 19th to put in a defence, and I'm wondering whether I should write to them and give them a nudge? what do you think?

 

If you read through my thread every action is dated , so you will get a clear idea of time scales in my case , though every case may have different time limits.

 

I would DEFF not write to them as that shows you are nervous.

  • Haha 1

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Janet-M

Janet-M

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Reply from solicitors today

 

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email of 11 July 2006.

 

As stated in our email of 10 July 2006, the terms of settlement set out in our letter of the same date are not open to negotiation. This is the Bank's final offer.

 

Please note that the terms of settlement do not require you to discuss the running of your account with the Bank and we therefore do not understand the relevance of your second paragraph.

 

We would remind you that, in your email of 19 June 2006, you stated that you would accept the refund of £374.34 in full and final settlement of this claim. It is therefore clear that you do not object to condition number 3 of our letter of 10 July.

 

In light of the above, we would suggest that you agree to what are wholly reasonable terms of settlement and sign and return our letter of 10 July 2006 as soon as possible.

 

We look forward to hearing from you shortly.

 

Yours faithfully

 

 

Getting bored now with them .It's more like the cleaner answering me then a solicitor :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Janet-M

Janet-M

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My reply

 

Dear Sir,

since it now seems obvious that you do not seem interested in reading my communications fully, I shall break it down for you in clear, fair and transparent terms:

1) This claim will be deemed settled once full and final UNCONDITIONAL settlement has been made.

2) Since you have failed to comply fully with judge's orders by the given date of 7th July 2006 , unless you comply with my terms by the end of working day tomorrow Friday 14th July , I shall have no option but to register default at 10am on Monday morning.

Yours Truly

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Janet-M

Janet-M

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recieved by email at 11.45 pm tonight (talk about last minute )

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email.

 

In the circumstances, the Bank is willing to settle this matter by refunding the full amount of your claim immediately.

 

We have raised a solicitors' cheque for the sum of £379.73 to settle claim number 6LV21557 in full and we have sent this to you by special delivery today. You should therefore receive the cheque tomorrow and we should be grateful if you would then contact the Court to confirm that the case has been settled.

 

Please can you also send us a copy of your letter to the Court for our file.

 

Yours faithfully

 

 

Martineau Johnson

Now can't they get the money to you quick when it suits them :D

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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breadline

breadline

Posted
Posted

OH Mj ive just read your thead from start to finish and its absoulutely gripping, i have to say better than any DVD ive rented this month:D

 

I hope you have a wonderfull time with your cash and Your thread has inspired me to also except no conditions.

 

Thank you

BL:)

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OggMonster

OggMonster

Posted
Posted

I'd be inclined to add interest on for the time the cheque will take to clear ;)

 

The amount of times that's been done to us all when making a payment for a bill and being penalised cos they take time to clear, wouldn't it be lovely to do it to them?

 

Now don't take this the wrong way, but we shouldn't congratulate mjanet for having "won" anything, only for having the perseverance and determination to stand up to the "Big Boys". You have been given back what was lawfully yours in the first place.

 

Well done mjanet :cool:

 

Oggie

Lloyds TSB Select Account S AR sent 12/07/06

 

Lloyds TSB Loan 1 Account S AR sent 12/07/06

 

Lloyds TSB Loan 2 Account S AR sent 12/07/06

A&L Premier Bank Account S AR sent 12/07/06

 

A&L Premier Credit Card (MBNA) S AR sent 12/07/06

 

Morgan Stanley Credit Card S AR sent 12/07/06

 

Barclaycard Account S AR sent 12/07/06

 

Capital One Credit Card S AR sent 12/07/06

 

Royal Bank of Scotland trying to find my account details :oops:

 

Anything OggMonster types is his own opinion and cannot be held liable for any subsequential loss, gain or action from. He is also on Morphine, so would not be considered Compus Mentis in any court. Try squirming outta that one...

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Rbphot

Rbphot

Posted
Posted

That's great new Mjanet, it just goes to show they are so afraid of going to court they are willing to go to such extreme lengths as paying up themselfs for their client to stop the action.

 

 

Ray

My Cases

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

 

My useful posts

 

http://www.consumeractiongroup.co.uk/forum/general/26095-bank-credit-charges-eec.html?highlight=rbphot

 

;) The Masses Will Always Prevail

 

Rbphot

 

Lloyds TSB, (£2.5k) Data Protection Act-150606, Prelim letter-050706, 2nd LBA-140706, Money Claim submitted 010806(6QZ51069), Claim Agknowledged 040806:D , AQ submited today-070906

Lloyds TSB Amex, (£60) Data Protection Act-150606, 1st LBA-110706, 2nd LBA - 040806, SETTLED 50% of amount.:D

Citi Cards, (£995) Data Protection Act-110706, Prelim letter-210806, LBA - 040906

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Janet-M

Janet-M

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I'd be inclined to add interest on for the time the cheque will take to clear

it's a Lloyds cheque so it's like cash as in it will clear immediatly

are you going to give them till tuesday morning to get the cheque in to your hands ?

Cheque now in my hands :D it was delivered at 7.30am

Donation of 10% now given , happily , money well spent.

 

 

edit

 

I marked all my corrospondence 'without prejudice ' I was wrong to, so if you read this thread and use any of my letters then PLEASE do not mark yours the same.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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OggMonster

OggMonster

Posted
Posted
in that case...

CONGRATULATIONS

CONGRATULATIONS

:rolleyes::rolleyes:What the hey, ditto...:rolleyes::rolleyes:

 

SMASHING EFFORT JANET!!!:-D

 

:cool:Oggie

Lloyds TSB Select Account S AR sent 12/07/06

 

Lloyds TSB Loan 1 Account S AR sent 12/07/06

 

Lloyds TSB Loan 2 Account S AR sent 12/07/06

A&L Premier Bank Account S AR sent 12/07/06

 

A&L Premier Credit Card (MBNA) S AR sent 12/07/06

 

Morgan Stanley Credit Card S AR sent 12/07/06

 

Barclaycard Account S AR sent 12/07/06

 

Capital One Credit Card S AR sent 12/07/06

 

Royal Bank of Scotland trying to find my account details :oops:

 

Anything OggMonster types is his own opinion and cannot be held liable for any subsequential loss, gain or action from. He is also on Morphine, so would not be considered Compus Mentis in any court. Try squirming outta that one...

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mechs

mechs

Posted
Posted

congratulations

Janet

dont forget its your round tonight

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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Janet-M

Janet-M

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.

Told ya they'd blink first!!!!

 

Think it was more like sh... oops poo themselves :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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jonni2bad

jonni2bad

Posted
Posted

What a star... Congratulations Janet

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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JonCris

JonCris

Posted
Posted
allocation questionaire has been sent back .Will let you know if I hear any more

 

sent LBA over my DPAR on 6.6.06 ( :eek: just realised the date lol ) This is for a telephone call I had with their call centre .Reciept recieved for my request then they just ignored it.

 

It must be getting through to the muppets employed by the banks that they are being told to lie as there seems to be more & more cases reported on this site where members requests or demands are just being ignored primarily I suspect because these staff no longer know how to respond.

 

Anyone else seeing a simular pattern developing

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