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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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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

Kenturner -v- Halifax plc, SETTLED IN FULL

kenturner

By kenturner
in Halifax and IF successes

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kenturner

kenturner

Posted
Posted

I went through the procedure as described on the forum, the first letter requesting a refund of charges went to my branch on 3rd March (i didn't request statements as i had them already), with the usual replies of 'very sorry your not happy but tough' i started legal action (see litigation in progress), i was suing for 130.00 inc costs & interest, today i received a letter from them with an offer of a refund of 187.00 in final settlement, which is more than i was claiming so all in all it's been a good day.

 

Good luck everyone in your claims, and whatever they chuck at you stick it out and get back every penny after all its your money not theirs.,

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jonni2bad

jonni2bad

Posted
Posted

Many congrats to you kenturner - don't forget to update the

 

SURVEY of charges received back -

 

and since you are now feeling flush, maybe you would consider contributing to the book fund so these legal eagles can be as updated as possible?!!

 

See here

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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kenturner

kenturner

Posted
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Posted

Forgot to mention, in their 'offer letter' they have said:-

 

"All future valid charges will stand, and we reserve the right to close your account if you do not manage it correctly.........." etc.

 

I have no doubt that this is perfectly legal but it certainly stinks, however, should any more charges be applied their threats won't stop me from starting the whole process off again. Can anything be done about them closing my account should i sue them again ?

 

Thanks

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dave

dave

Posted
Posted

Not a lot can be done - the best IMO when they go to close your account is to write them a letter of complaint.

 

They will refer you to the Ombudsman - go there and file a complaint - it won't be upheld, but it WILL cost them £360 (?).

 

They after all, did recommend that course of action.

 

It's just you having the last word instead of them.

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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ELLYBUMS

ELLYBUMS

Posted
Posted
I went through the procedure as described on the forum, the first letter requesting a refund of charges went to my branch on 3rd March (i didn't request statements as i had them already), with the usual replies of 'very sorry your not happy but tough' i started legal action (see litigation in progress), i was suing for 130.00 inc costs & interest, today i received a letter from them with an offer of a refund of 187.00 in final settlement, which is more than i was claiming so all in all it's been a good day.

 

Good luck everyone in your claims, and whatever they chuck at you stick it out and get back every penny after all its your money not theirs.,

 

 

Well done...Very happy for you.

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gothicf0rm

gothicf0rm

Posted
Posted

ken in a couple of weeks you will recieve a second letter from your beloved bank telling you that if you ever get a charge again they will close your account. interesting really, in otherwords if they break the law they will close your account.

on getting that letter i did close my account, and my business one, and made a complaint to the ombudsman and so on. im also suing them again for the interest they ran up that wasnt included in my initial claim as it occured after it was filed (25 quid). well done halifax... you know how to make your shareholders money ;)

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chipsandsausages

chipsandsausages

Posted
Posted

Fantastic news Ken, made me smile. I have just sent my preliminary request for payment to them (Almost £1500) - am expecting a bit of a "Dear John" letter from them, but it's stories like yours that keep us going. Once am paid, will pay off my overdraft and close account anyway probably. Have a standby account elsewhere - and the staff are nicer! (Bradford and Bingley).

x

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wilipwoy

wilipwoy

Posted
Posted

Well Done !

 

I discovered today (10am) That their Mr Kettle does NOT exsist ! he is a computer generated signature and an "office name".

 

Halifax admitted this to me , after I told them I was going to serve a witness

summons on him.

Wilip Woy

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mas101

mas101

Posted
Posted

Congratualations on your successful settlement.

 

Why did they pay you more than your original claim? Was this perhaps a pre-estimate of future charges they maybe applying and just helping so that you dont have to sue them again? LOL or was it an estimate of your fees?

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kenturner

kenturner

Posted
  • Author
Posted

Why they paid me more stumped me too at first, then i looked back at the charges and i had missed one, luckily they didn't !! LOL !!.

 

I have also sent a letter to them today asking them to give me a breakdown of how exactly they can justifiably charge £39.00 for a returned direct debit and if they can't do this i will on their advice write the the financial ombudsman, of course i'm not expecting a reply but they threatened to close my account so i just want to let them know that i won't be walked over.

 

I will let everyone know when (if) i receive a reply from them although i won't hold my breath.

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  • 12 years later...
kenturner

kenturner

Posted
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Posted

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

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