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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.

martdj v Halifax - SETTLED IN FULL

martdj

By martdj
in Halifax and IF successes

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BBB

BBB

Posted
Posted

f*cking hell mate, over the moon for you!

LBA email sent 26/04/2006 - Claiming £1073

Offer of £201 on 13/05/06

Offer refused on 15/05/06

Offer of £692 offered on 15/05/06

Offer refused on 18/05/06

Offer of £850 on 18/05/06

Offer accepted.

 

Case closed

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martdj

martdj

Posted
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Posted

I urge all of you to persevere with your claims and furthermore encourage others to claim. I had two claims against the Halifax amounting to £10,000 they stated they were going to defend the claims but instead paid up in full. They reckon it would cost them too much to defend with little chance of getting their costs back! It sounds to me a lame excuse when they could have asked for both cases to be joined then it would have been out of the small claims track. They know they dont have a leg to stand on.

 

 

 

MODERATED post moved .. please keep to your original thread when posting . I fully understand why you originally posted this in general but we are now encouraging people even more to stick to their own thread

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Tashja

Tashja

Posted
Posted

WELL DONE !!!

 

I am going fo my charges from Barclays but hearing stories like this give me hope.

 

So happy for you !!

 

T xx

Barclays owe me £3,101.72

:mad:

 

Initial Letter - 04.05.06

Reply Recieved - 11.05.06

They will reply by - 04.06.06 (Whatever !!)

LBA sent - 19.05.06

Claim due to be issued - 02.06.06

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dave

dave

Posted
Posted

Very good news.

 

Have you completed the survey?

 

http://www.bankactiongroup.co.uk/survey.php

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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ntl-guy

ntl-guy

Posted
Posted

Congrats, It's news like this that gives the rest of us even MORE determination :)

16/04/06 Been thinking about action for a couple of weeks & decided to take the plunge! DPA request Sent Via email

18/04/06 DPA request handed into local branch, fee paid £5 - Reciept obtained

20/04/06 After emailing/faxing 3 times a day, phone call to say the statements have been ordered

26/04/06 Letter received with list of charges and refund of £5

27/04/06 Statements for 1st account received Parachute Deployed

29/04/06 Statements for 2nd account Received, Request for repayment sent £1446.55

04/05/06 Standard reply with complaints leaflet received.

08/05/06 Conditional offer received

 

View my progress

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mwl

mwl

Posted
Posted

well done

 

one question though

 

how did you manage to rack up £15 000 of bank charges in a 6 year period ??

22/03/06: Halifax DPA request sent

30/03/06: Statements Received with Letter CONFIRMING ALL CHARGES ARE AUTOMATED WITH NO MANUAL INTERVENTION involved

31/03/06: Letter sent requesting £427.00 charges

20/04/06: Letter before action sent

21/05/06: Claim issued: £705.81

24/05/06 letter received acknowledging LBA dated 19/05/06

24/05/06 Court claim acknowledgement filed

31/05/06 Letter received offering without prejudice £555.81 (all charges + court fees - my admin charges) no response sent yet as i want the full amount and may force them to enter a defence

 

Although I try to make sure information I provide is accurate and useful, I recommend you consult a qualified Legal professional if you want assurances that the information is appropriate to your particular situation. No liability will be accepted for any advice followed !

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monkey_uk

monkey_uk

Posted
Posted

Well done. Have they threatened to close your account or anything?

 

Have you received the money yet? If so, how was it paid (cheque, credit to your bank account, etc etc)?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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martdj

martdj

Posted
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Posted

Having paid up I e mailed the Halifax to see if they would pay the remaining amount without me having to issue proceedings and thus saving the Halifax money ( Im sure their shareholders would be pleased with that) however they have not responded so today I have issued proceedings to claim the remaining amont owing £5602 which includes the issue fee and interest. They do not appear to care about spending eXtra money!!!!

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chipsandsausages

chipsandsausages

Posted
Posted
Having paid up I e mailed the Halifax to see if they would pay the remaining amount without me having to issue proceedings and thus saving the Halifax money ( Im sure their shareholders would be pleased with that) however they have not responded so today I have issued proceedings to claim the remaining amont owing £5602 which includes the issue fee and interest. They do not appear to care about spending eXtra money!!!!

 

Good for you!

 

At least they know you're not going to be messed around. Good luck! x

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martdj

martdj

Posted
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well today the Halifax rang me to say they were going to settle the remaining amount in full. Well it took them longer tham the 7 days i gave them to reply 10 in fact and i have already issued proceedings, so it will cost them an extra £250. Those poor shareholdersHopefully their dividends wont be too much affected........not that I'll lose any sleep over it.

I must urge everyone to persevere with their claims. If the banks did have a defence they would not settle these claims so readily. Thier excuse that it would cost them too much is a very lame excuse considering how much they would potentially have to pay out.

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  • 2 weeks later...
rivendale0506

rivendale0506

Posted
Posted

Mine too - am looking forward to seeing their defence.

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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sean frampton

sean frampton

Posted
Posted

Mine too and it is signed by the same person.

 

Lets see who gets to court first

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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cariad

cariad

Posted
Posted

As far as I'm aware they have yet to file a Defence on any claim issued against them for unlawful charges. Filing the Acknowledgement of Service just buys them more time and states as a matter of course their intent to defend.

 

Will be interesting to see if they have now formulated a cohesive response and a valid defence to the proceedings issued.

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

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cwoj

cwoj

Posted
Posted

does any one know if they have ever filed a defence and if so on what basis?

 

MOD: YOU'VE ALREADY ASKED THIS IN YOUR THREAD. (AND I'VE ALREADY ANSWERED IT) PLS DON'T ASK THE SAME QUESTION MORE THAN ONCE.

Halifax Current Account - Claiming Over £2k

Halifax Card Services - Claiming Over 1K

Capital One - Settled

Citi Cards - Claiming Over £1k

Abbey National - Claiming Over 3K

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Spiceskull

Spiceskull

Posted
Posted

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only.

 

There were eight different threads to merge, so if you want the thread title changing to something more appropriate, please PM me with a link to this thread...

 

Thanks :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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cwoj

cwoj

Posted
Posted
does any one know if they have ever filed a defence and if so on what basis?

 

MOD: YOU'VE ALREADY ASKED THIS IN YOUR THREAD. (AND I'VE ALREADY ANSWERED IT) PLS DON'T ASK THE SAME QUESTION MORE THAN ONCE.

 

I had actually asked the question here first and you answered by second time!!! Anyway, i have spent the last few days reading 100's of posts and know the answer now. :D:D

Halifax Current Account - Claiming Over £2k

Halifax Card Services - Claiming Over 1K

Capital One - Settled

Citi Cards - Claiming Over £1k

Abbey National - Claiming Over 3K

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  • 2 weeks later...
  • 3 weeks later...
chipsandsausages

chipsandsausages

Posted
Posted
Hallelujah The Halifax have just settled my final claim for £5800. Thats over £15000 they have paid back!!! The system works

 

OH MY GOD!!!!!!

Drinks are on YOU then?????

WHAT are you going to do with all that?????? I hope you enjoy it! Maybe a well earned break, little motorcar, new kitchen.......

(((((big congratulatory hug)))))

x

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