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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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      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.

Andrew66 v Alliance + Leicester

Andrew66

By Andrew66
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Andrew66

Andrew66

Posted
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Haven't been able to get on for a frustrating few days owing to a phone line problem, however sorted now. Sent DPA letter to A+L on the 28th July, will keep you updated with developments. Can't wait to hit the 'donate' button, cos that will mean I have won!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66

Andrew66

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Yes, would like it in the A+L forum! Thanks for putting me right!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66

Andrew66

Posted
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Haven't heard anything yet, I guess this is normal?

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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  • 3 weeks later...
Andrew66

Andrew66

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Well, a thumping package landed on the doormat today, and it was all the statements for the last 6 years. Going to get to work on them over the weekend. At first glance it's at least £2000.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66

Andrew66

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Well I sat down today and added everything up, and it came to a staggering £4,990.50! Guess I'll be spending the next few days filling in the spreadsheet!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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caro

caro

Posted
Posted

Make sure your figures are accurate with them being so close to the £5,000 limit for a small claim.

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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Andrew66

Andrew66

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If it goes over £5,000 I have to go through a different claim route?

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66

Andrew66

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Good point! I was just thinking if it gets to the stage where I add on interest it'll certainly go over 5 grand!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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caro

caro

Posted
Posted

If you are just talking about the 8% interest you can add on at the court stage, it will be alright if that takes it over £5,000, but otherwise you might be liable for the banks costs in the extremely unlikely event that the court found in the banks favour. Keep reading so you understand exactly what you are taking on.

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...
Andrew66

Andrew66

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Evening all, haven't been on for a while cos my wife is expecting our first baby any day now! Anyway I have finally done the spreadsheet and the charges total £5435. I have included all DD nd SO charges plus failed cheque charges and unauthorised overdraft charges. Would it be worth my while, as its over £5000, to take some of the later charges off and do a separate claim for them, say the last 20 charges? Help!

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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caro

caro

Posted
Posted

You could do that to ensure keeping within the £5,000 limit for small claims and avoid any chance of incurring costs. The banks are not going to court for claims over £5,000 either though, so although there is a miniscule chance of having to pay costs if you lose, it would only be if the bank actually went to court, and A&L have publicly stated that they will not do that. You would also have to file your claim on an N1 form at the court office as MCOL only deals with small claims.

 

There is a risk involved, and only you can decide if it is small enough to disregard.

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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Andrew66

Andrew66

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I decided to take the last few off, so the total is now £4,979. All typed up and in an envelope ready to send tomorrow! Once again I'll keep everyone posted with my progress.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Andrew66

Andrew66

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Yeah, it sure will! Thanks for your support.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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Rosemary

Rosemary

Posted
Posted

That is a huge amount of money - and they honestly thought they could get away with it. These banks must have had some bloomin good parties. Keep going Andrew66 - you're on a good, tried and tested track and we'll all support you along the way and will celebrate (with lots of little quiet smiles at the computer screens) when we see you get your settlement!

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Andrew66

Andrew66

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Finally got the letter sent off today, because my wife had a baby girl on Tuesday afternoon! Thank-you all for your support. I know I've said it before but this is a great site.

A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.:D

MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug.:confused: . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct:D

CCA sent 1st Credit 11th August, reply 15th Aug

Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.

Still to come: Cap. One, Time retail, HFC Bank.

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caro

caro

Posted
Posted

Congratulations to you and your wife on the new arrival. No doubt she will get spoilt rotten with your windfall when you get 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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Guest Tracey284

Guest Tracey284

Posted
Posted

Interested with your correspondence with A & L. I have been reluctant to contact them as I was advised that A & L don't like to be questioned and will just close your account. Anyone else heard this?

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caro

caro

Posted
Posted

A&L have stated publicly that they will pay everyone who makes a court claim, but will not go to court, and that they will close claimants accounts. They tend to do this about a month after paying up.

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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