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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.

Write to the OFT

BankFodder

By BankFodder
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BankFodder

BankFodder

Posted
Posted

You are here because you have paid excessive bank charges.

 

You should at least take the time to write one letter of complaint to the OFT.

 

The OFT are required by law to investigate your complaint. You will find that they are reluctant to do so. Yet they are the one body which has the power to take action.

 

Write to the OFT and follow up with letters asking what they are doing about your complaint.

 

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

LONDON

EC4Y 8JX

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nicsussex

nicsussex

Posted
Posted

You are (of course!) right. Everyone of us should be writing to the OFT not only with our opinions on the banks penalty regimes but also about the procrastination and abuse of the legal process that the banks are causing. You are also right that they (the OFT) will also not be keen to do anything about it.

 

However, there are how many thousand mebers here? (sorry I should know). And if each and everyone were to write then the weight of numbers would HAVE to produce some reaction. Probably not a case for a standard template letter though, just get your facts right, express your disgust (in a not too colourful manner) and demand action.

 

I'm off to draft something now - PLEASE ALL DO THE SAME. THIS CAN MAKE A DIFFERENCE.

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Guest Lueeze

Guest Lueeze

Posted
Posted

ACT NOW!

 

(any good cillit? LMAO!)

 

Honestly I have written but they dont really care, however the more users who do (and imagine if 55000 members did) then they would HAVE to act...

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thecornflake

thecornflake

Posted
Posted

I'd like to repeat something I said in a previous thread on this subjetc, which is that you may do better complaining to the FSA as the OFT already said it is up to them to investigate charges are far as bank accounts are concerned.

 

However, it would still help writing to the OFT as at the least they would have to pass it to the FSA for investigation anyway.

 

Actually I'm just going to write to both of them.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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JonCris

JonCris

Posted
Posted
You are here because you have paid excessive bank charges.

 

You should at least take the time to write one letter of complaint to the OFT.

 

The OFT are required by law to investigate your complaint. You will find that they are reluctant to do so. Yet they are the one body which has the power to take action.

 

Write to the OFT and follow up with letters asking what they are doing about your complaint.

 

Hi Bankfodder had a nice holiday.

 

May I also suggest that everyone who gets the usual "we consider our charges to be reasonable" etc. should copy the letter & send it with their letter of complaint. Hopefully once they get a few hundred/thousand of the banks get stuffed letters they will see the complete disregard & contempt the banks have for the OFT & its' musings. They might then be shamed into doing something meaningful

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  • 1 month later...
angry cat

angry cat

Posted
Posted

Hi Guys, I have just been speaking to a very helpful lady at my local Trading Standards in Ashford Kent. Basically, I had made a complaint about Morgan Stanley through the OFT consumer triage namely Consumer Direct, my complaint was passed very quickly to the Ashford Kent TS. After a lengthy telephone conversation re my complaint, I informed her about the BAG/CAG, the wonderful work that the group are doing to assist consumers; she was quite surprised to learn that there are 50,000 members!? and then gave the following advise.....if even only 10,000 of those members complained about Unfair practices, it would make a big statement to the OFT. So, come on Guys write your letters of complaint and/or, fill up those OFT Complaint Forms!!!! Keep the Faith and remember there is great strength in our numbers. Love AC:)

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meagain

meagain

Posted
Posted

I would write to the OFT if I had the faintest belief that they would do anything about it. I am, however, tempted to write to the SFO.

HSBC • Lloyds TSB • contractual interest • New Tax Credits • coming for you? • NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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  • 2 weeks later...
angeljen

angeljen

Posted
Posted

I have threatened my banks with this and will endeavour to do this in the near future. Shall I complain to the OFT about all banks, or just the banks I'm personally claiming against?

 

I'd like you all to take a look at what I found on OFT's website (dated 7 September 2006) regarding them turning their attention to bank charges:

 

Following success on credit card default charges - OFT turns attention to bank current accounts

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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Guest ian cognito

Guest ian cognito

Posted
Posted

I'll do it right now, OFT and FSA, lets hope it does some good, btw Consumer Direct seem really good at referring cases to Trading Standards - do TS follow through?

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angeljen

angeljen

Posted
Posted

Do I complain about all banks or just MY banks?

 

Just to help, the FSA address:

 

Financial Services Authority

25 The North Colonnade

Canary Wharf

LONDON E14 5HS UK

Unfair penalty charges reclaimed from Barclays - £700; BarclayCard - £380 + £132 extra; Style (RBOS) - £245 - County Court Judgement

against RBOS awarded - Judgement transferred to Registers of Scotland - Sheriff Officer (Bailiffs) action taken.

Travel insurance claim with Alpha (URV) pursued through the Financial Ombudsman - £704

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