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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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      By FTMDave · Posted

      Open.
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    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location

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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.

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      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.

Mario vs Lloyds won settlement offered

mario

By mario
in LloydsTsb Successes

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mario

mario

Posted
Posted

Have today recieved letter from Sechiari C+M offering full settlement with the usual conditions attached which I(well my son but I am claiming for him) will not be accepting,also a couple of charges have been taken since claim was filed,can I ask for these 2 other charges back when I send the letter.

 

Thanks to everyone on the site especially the moderators,a donation will be paid as soon as the dosh hits the account.

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lee6370

lee6370

Posted
Posted

You can ask for them but doesn't mean you'll get them, best to point out that further charges have been added and you would like these to be taken in to account in any settlement offer, and that failure to include them will result in further court action.

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Bean

Bean

Posted
Posted

Well done mario, keep us posted with their response!

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paid – rest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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mario

mario

Posted
  • Author
Posted

Forgot to put in the Interest in the total being claimed but have included it in the particilars of the claim so I have sent a letter back to solicitors asking for £99 extra re Interest and not accepting any conditions that they have asked for.

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feralkat

feralkat

Posted
Posted

Hi Mario and WELL DONE!!

 

Can you tell me at what point you were in the proceedings when they offered you settlement? It's just that I've just received their defence and now have to fill in the Allocation Questionnaire and am hoping that I won't have to send off the extra £100!!

 

Many thanks

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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Dappa44

Dappa44

Posted
Posted
Hi Mario and WELL DONE!!

 

Can you tell me at what point you were in the proceedings when they offered you settlement? It's just that I've just received their defence and now have to fill in the Allocation Questionnaire and am hoping that I won't have to send off the extra £100!!

 

Many thanks

 

Feralkat

 

Think everyone (nearly) has to send off the AQ, i had to about 4 weeks ago and still heard nothing.

 

Mario i also have extra charges to add to the claim about £600 worth, i was thinking about contacting S,Cand M to tell them i was adding them, what do you think m8.

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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mario

mario

Posted
  • Author
Posted

As Dappa says it was after the allocation ques was sent back,just over 4 weeks later got the offer,dappa re your extra claim unless its in someway in your claim,ie in the wording but you made a mistake when totalling then I think you may have to make a seperate claim,you could try ringing or e-mailing the solicitors though.Have a look at this link to a letter Bean wrote,you could try that but I am no expert.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/23772-charges-incurred-since-approach.html

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Bean

Bean

Posted
Posted
...Have a look at this link to a letter Bean wrote,you could try that but I am no expert.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/23772-charges-incurred-since-approach.html

 

Thanks for the acknowledgement mario, but I only re-posted it. The letter was written by our good friend Spiceskull:) .

 

Dappa44 - the additional charges beyond your claim are something that you can raise with LTSB's solicitors in discussions but they would be under no particular pressure or obligation to include them in a settlement. If they do not include them in your settlement, it's back to a Preliminary Approach for Payment letter, Letter Before Action, etc. Of course, be mindful not to agree to terms in this present claim along the lines of "I will never, ever, ever, as long as there are stars in the sky, make any more bank penalty charges claims against LTSB".

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paid – rest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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Dappa44

Dappa44

Posted
Posted

Thx bean, those terms are all getting scratched, apart from the *paying Dappa every penny one* ;)

Data Protection Act Request sent 22nd April 2006 (recorded delivery) to Penny Berryman 40 days up on 1st June 2006.

 

Statements recieved 5th May 2006

Claiming back = £3913.65

 

Preliminary Letter Sent 5th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 9th May

 

Letter Before Action Sent 9th May (recorded delivery) to Customer Care, Birmingham. Told me to sod off on the 12th May

 

Moneyclaim filed issued 6th June (14 days to reply) Time up on 20th June.

 

Acknowledged 15th June (28 days to defence)

Time up on 13th July.

 

Defence Recieved 7th July

 

Going Before the Judge 15th September

 

Court Date 5th December

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Bean

Bean

Posted
Posted
Thx bean, those terms are all getting scratched, apart from the *paying Dappa every penny one* ;)

 

Sounds good to me Dappa44!:D

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paid – rest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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GaryH

GaryH

Posted
Posted

If you claim again after this one's been settled, its probably a good idea to open a parachute account. Well, actually thats ALWAYS a good idea - but even more so if you're claiming twice for the same account in quick succession.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...
mario

mario

Posted
  • Author
Posted

Forgot to put in the Interest in the total being claimed but have included it in the particilars of the claim so I have sent a letter back to solicitors asking for £99 extra re Interest and not accepting any conditions that they have asked for.

 

 

 

Well its about 6 weeks and they have still not replied to my letter above (court date November),dont know whether to give them a ring or do they have an e-mail address.

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