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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.
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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.
Latest activity

Legal victory over Swift!?

Doc2527

By Doc2527
in Swift Advances

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Doc2527

Doc2527

Posted
Posted

Woman's victory over [pounds sterling]50,000 bill.

 

 

The Star (Sheffield) (Sheffield, England) | April 24, 2006 | COPYRIGHT 2006 Johnston Publishing Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright

 

 

A SHEFFIELD woman has won a legal victory after being ordered to pay back more than [pounds sterling]50,000 on a loan of [pounds sterling]11,000.

Rosalind Hanagan took out the loan to cover debts of [pounds sterling]11,000 using a house her mother left in her will as security.

But she found that even after paying off more than [pounds sterling]22,000 she still owed another [pounds sterling]29,000.

Rosalind's problems began when she signed up to the loan with Brentford-based Swift Advances plc

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Doc2527

Doc2527

Posted
  • Author
Posted

The main reason I put this item on was to see if anyone out there in CAG world could investigate how this lady won....when others haven't?

 

Are there any budding Sherlocks or Hercule's that can shed any further light ?

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Dougal16T

Dougal16T

Posted
Posted
Hi Dougal

 

I think you need to change your avatar, to either a jack russell or a bloodhound, as nothing will get past you without a fight.:)

 

Doc

 

Hi Doc

 

I am pleased to say that my Westie let's absolutely nothing past him.....!!

 

Thanks for the kind thought.

 

Dougal

 

ps: I sent an e-mail to the Sheffield Star last night requesting a full copy of their report.....

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Dougal16T

Dougal16T

Posted
Posted

Evening all - as promised:

Courtesy of the Sheffield Star, 18/9/2009.

 

Woman’s victory

over £50,000 bill

 

A SHEFFIELD woman has won a legal victory after being ordered to pay back more than

£50,000 on a loan of £11,000.Rosalind Hanagan took out the loan to cover debts of

£11,000 using a house her mother left in her will as security.

But she found that even after paying off more than £22,000 she still owed another £29,000. Rosalind’s problems began when she signed up to the loan

with Brentford-based Swift Advances plc.

When she took out the loan her only income was Income Support and she fell into

arrears with the payments. But she then discovered that even though she had not been in

arrears for more than 18 months the balance was still going up and not down.

Rosalind, of Greystones, had to try to sell her house just to meet the payments and Swift were threatening to take her to court if she did not pay another £29,000 straight away.

She turned to Louise Joloza of Howells solicitors in Sheffield who negotiated a settlement which has cancelled out the remaining debt.

The loan company has also removed the charge it had over her property and agreed to pay her legal costs.

Rosalind said today she was relieved and delighted the case had now been resolved.

She said: “The last few years have been a financial nightmare for me because I couldn’t

see any way out of this massive debt, which just seemed to grow

and grow.

“It is such a relief to know that my home is safe and I don't have to make any more payments. I’d advise anyone in a similar situation to take legal

advice - for me, it has been an absolute lifeline.”

Ms Joloza said: “Essentially,Mrs Hanagan had signed up to an improperly executed agreement- entailing complicated legal arguments, which can be very difficult to fully understand.

“We argued that the agreement was unenforceable as it failed to comply with the

requirements of the Consumer Credit Act 1974, in that it failed to correctly state an amount of credit.

“The agreement also failed to provide her with a term stating how she was going to pay off the legal and documentation fees, which had been added to

the account.

“These credit agreements, although extremely complicated, are now very common.

They can leave people in dire financial straits.”

 

Needless to say I am now writing to Ms Joloza!!

 

Best wishes

 

Dougal

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overdone

overdone

Posted
Posted
I've read as much is available from your links and I presume it would be a miss sell if the borrower was on income support when the loan was taken out.

Well I was on income support at the time.

If my post helped you feel better, click my scales.

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Dougal16T

Dougal16T

Posted
Posted
Evening all - as promised:

Courtesy of the Sheffield Star, 24th April 2006.

 

Woman’s victory over £50,000 bill with Brentford-based Swift Advances plc.

 

Best wishes

 

Dougal

 

Good morning everyone,

 

I am today contacting the Court and requesting details of how to obtain a transcript of the case.

 

I'll let you know what happens......!

 

As always

 

Dougal

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