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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.  

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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.

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thewifeandI

thewifeandI

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Hi - the basics are the same, but have a read in the Scottish forum for any pointers you might need.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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ds300855

ds300855

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I sent a letter to the Bank of scotland 3 weeks ago claiming back a total of £6400 of charges and interest over the last 2 years. I received a phonecall this morning offering me £3300 refund. I am now in a quandry. Do I accept this and cut my losses or do I go ahead with the next stage and risk getting nothing? I have asked the bank to put the offer in writing to give me time to consider.

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Biggle

Biggle

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interesting...so with the account charges i have do i then add interest onto these ie unpaid d/d 35.00...do i then add interest ontop. sorry to be so thick but a bit nervous about this

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ds300855

ds300855

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I am partly self employed as a 1 man business. I have submitted a letter to the RBof S re £1800 charges over the last 18 months. Reply from them states that this recovery process does not apply to a business account. Is this correct? I have since closed the account and operate through my personal account.

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thewifeandI

thewifeandI

Posted
Posted
I sent a letter to the Bank of scotland 3 weeks ago claiming back a total of £6400 of charges and interest over the last 2 years. I received a phonecall this morning offering me £3300 refund. I am now in a quandry. Do I accept this and cut my losses or do I go ahead with the next stage and risk getting nothing? I have asked the bank to put the offer in writing to give me time to consider.
The choice is entirely yours, but wouldn't you rather have the other £3K as well. Does the amount offered cover the last six years (or the last five, as it's Scotland)?

 

If you want to claim the full amount, write and accept it as partial settlement while you pursue the rest.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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thewifeandI

thewifeandI

Posted
Posted
interesting...so with the account charges i have do i then add interest onto these ie unpaid d/d 35.00...do i then add interest ontop. sorry to be so thick but a bit nervous about this
There's a spreadsheet available (see sig) that you enter the charges into one side and the interest charged on the other and it works out the amounts, and how much of the interest is due to charges, etc. It's the complex version that you need.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Share on other sites
thewifeandI

thewifeandI

Posted
Posted
I am partly self employed as a 1 man business. I have submitted a letter to the RBof S re £1800 charges over the last 18 months. Reply from them states that this recovery process does not apply to a business account. Is this correct? I have since closed the account and operate through my personal account.
There are differences, but excessive charges are still unlawful whatever type of account. You can't use the DPA as that is for personal data, and you can't use the Consumer Credit Act as the business isn't a consumer. Have a read of the FAQs and the template letters to get more info.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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