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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.

MMG VS A&L "Give me back my money!!!"

MMG

By MMG
in Alliance & Leicester

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MMG

MMG

Posted
Posted

Hello everyone!

 

After reading about the successes of many people in their fight to reclaim their money from the banks I have decided to follow suit and get my money back from the A&L.

 

I have sent off the letter requesting my statements by recorded delivery yesterday 1st/08/2006 so now the 40 day wait is on!

 

I am no expert in reclaiming back my money but I’m sure with the help of you all I will be fine!

 

MMG

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JonCris

JonCris

Posted
Posted
Hello everyone!

 

After reading about the successes of many people in their fight to reclaim their money from the banks I have decided to follow suit and get my money back from the A&L.

 

I have sent off the letter requesting my statements by recorded delivery yesterday 1st/08/2006 so now the 40 day wait is on!

 

I am no expert in reclaiming back my money but I’m sure with the help of you all I will be fine!

 

MMG

 

Welcome MMG You will & you will

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caro

caro

Posted
Posted

Hi and welcome MMG. While waiting for your statements make sure you read the FAQ's, step by step instructions etc as the more you understand the easier it will be further down the line.

 

Good luck

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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  • 1 month later...
MMG

MMG

Posted
  • Author
Posted

Hi All, SInce sending My initail letter requesting my statements on the 1st of August They have still not arrived! I will get on the phone to them but is there another step i can take?

 

thanks!

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caro

caro

Posted
Posted

LBA for non-compliance in bank templates library.

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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  • 3 weeks later...
MMG

MMG

Posted
  • Author
Posted

The statements finally arrived on the last of the 40 days!

 

I've had a look through and the charges add up to nearly £900.

 

A few things that I would just like to get clear about which charges I can claim for.

 

1) unauthorised overdraft charge £25.00

2) Paid Item Charge £25.00

3) Monthly Overdraft Charge £25.00

4) Failed Cheque charge £29.50

 

Can I claim for all the above charges?? I think that Paid Item Charge refers to Failed DD charges??

 

Thanks,

 

MMG

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  • 3 weeks later...
MMG

MMG

Posted
  • Author
Posted

Hi All,

 

I have now calaculated the Amount of money I am owed not including any interest at this stage to be £999.00. A&L have ripped me off for the last time!

 

I have sent the letter requesting back all charges together with a schedule of charges in spreadsheet format.

 

Again it was sent using recorded delivery.

 

Now the 14 days wait has begun............

 

Like always I will keep you all updated!

 

MMG

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  • 3 weeks later...
  • 6 months later...
MMG

MMG

Posted
  • Author
Posted

It has been a long time since i last posted. But just to update you all I have filled the Money claim online form on Friday 11th May 2007 for a total of £1105 which was charges plus the interest.

 

Now its a waiting game to see how long it takes!

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caro

caro

Posted
Posted

I took a long time before I did my MCOL too, but it was quite quick then to get my cheque settling it.

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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MMG

MMG

Posted
  • Author
Posted

HI,

 

The court claim was issued on on 14th May and will be deemed served on 19th of May.... The defendant has until the 2nd of June to reply.

 

I have just had a recent set back though, although the claim is still in process A & L have closed my account i think due to me missing more late DD payments and unauthorised OD that sort of thing and with the claim going on also they have closed the account and thier representatives have asked for the bank cards and cheque books to be torn up and sent back to them...

 

Although this does concern me a little will this affect my claim at all, I shouldn't think that just because they have closed my account that I am not owed the money they took from me??????

 

CARO, well done on claiming back your money! lets hope i get mine back quickly too!

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caro

caro

Posted
Posted

I gather that recently A&L are submitting proper defences so your claim may not be quite as straight forward, but if handled properly unlikely to be a cause for too much concern.

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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  • 2 weeks later...
MMG

MMG

Posted
  • Author
Posted

Hi All,

 

Wragge and CO have sent a letter claiming that they intend to defend. I have not yet recieved the defence letter yet. On the MCOL website they have also stated that they intend to defend. So the whole process begins. Although i am intent on getting back my money the nerves are beginning to kick in.

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jansus

jansus

Posted
Posted

I think a lot of us are at the same stage - with the sol defending and some preliminary hearings.

 

Just keep reading everyday because when the next one wins we will feel a little more confident.

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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MimiJane

MimiJane

Posted
Posted
Hi All,

 

Wragge and CO have sent a letter claiming that they intend to defend. I have not yet recieved the defence letter yet. On the MCOL website they have also stated that they intend to defend. So the whole process begins. Although i am intent on getting back my money the nerves are beginning to kick in.

 

When you get your defence, if Wragge state that you haven't "particularised your claim", just send them your charges list, stating that you've already sent this to A&L and you hope this now clarifies your claim. Then sit back and wait for a hearing date and directions from the judge, when you'll know exactly what you have to submit and the timescales involved.

 

Come back here for help with the court bundle info. you're asked to submit by the judge and you'll get lots of assistance. icon7.gif

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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MMG

MMG

Posted
  • Author
Posted

Thanks MimiJane, You support already has restored some confidence. I am expecting to get the defence today. I will keep you updated and will take you up on the offer of help regarding the court bundle.

 

Thanks again,

 

MMG

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MimiJane

MimiJane

Posted
Posted

No problemicon7.gif By the way, keep an eye on my thread below ... it's all happening (or not happening:rolleyes:) this week.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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MMG

MMG

Posted
  • Author
Posted

As expected Wragge and Co have stated that I have not particularised my claim. is there a letter to send to them with the list of charges stating that i have alreeady sent these to A&L and had asked for them to be attached to my MCOL court form?

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  • 3 weeks later...
MMG

MMG

Posted
  • Author
Posted

hi All,

 

 

The transfer of proceedings was recieved on 9th June 2007. It states that the case has been transferred to the loacl court covering the area in which i live. i am not sure now what to do ? do i need to contact them?

 

It also states that " the filing of an allocation questionnaire be dispensed with in this case unless jusdge at the court of transfer orders otherwise.

 

it also states that ay party may apply to have it varied stayed or set aside?

 

this has totally confused me in what to do next.

 

can anyone pls help?

 

thanks in advance.

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jansus

jansus

Posted
Posted

Hi

 

have a look at these threads they might help

 

Jansus:)

 

 

Can't Find What You're Looking For?

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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MMG

MMG

Posted
  • Author
Posted

Thanks, Jansus,

 

i am still unsure as to what to do. The date the order was drawn was 08/062007. Have i missed an important 14 day deadline? Please help.!!!

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