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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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      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.

WillowB v RBS*****another WINNER ****

Guest willowb

By Guest willowb
in Royal Bank of Scotland

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paulwlton

paulwlton

Posted
Posted

Yes i get £24 too .659p daily rate x 35.

But what is the 35 days for surely it's from the date of service to judgment in which case you can't put a time scale on this.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

Guest willowb

Posted
Posted

D'oh! I knew I should check!!! thank GOD!!! and thank you guys :>)

 

I think what I've been doing is compounding the interest so....

 

day 1 = 0.659

day 2 = 1.318

day 3 = 1.977

 

etc.......what a ninny I am!

 

Will do the form tomorrow!

 

Wx

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Guest willowb

Guest willowb

Posted
Posted

Hi peeps.....feeling a bit teary eyed after a really s***y day which was started off with the RBS defence:( .....

 

Just got the kids to bed and am now sat looking at the request for info from their sols.....:eek: bloomin' eck.....:? ......to say the least!

 

 

Heads up you know where!! so can anyone point me in the direction of a thread that is at this stage so that I can send this request off without any idiot mistakes??? Failing that a bottle of wine will do!:Cry:

 

Thanks

Wxx

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davefirewalker

davefirewalker

Posted
Posted

it may be the standard coobets cpr 18 defence...It doesnt apply to small claims

 

check this link http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/4423-cpr-pt-18-a.html

 

there are loads of others in the same position

take a deep breath

calm down

and take time to read a few threads

 

the mods and helpers are here for you, just pm one of them if you arent sure

 

cobbets seem to try to intimidate with legalese

 

 

you will win

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Guest willowb

Guest willowb

Posted
Posted

Thanks Dave. I will do!

 

The allocation questionnaire came through this morning also.

 

Right, I'm off to do some reading!

 

Wxx

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Guest willowb

Guest willowb

Posted
Posted

Interesting hey!!!

 

Part 18 does not apply to the small claims track. Therefore there is no need to respond to any inquiries made under part 18.

 

If you wish to reply to it, simply point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.

I think that any correspondance that I send to the RBS will as usual be recorded and will be duplicated and sen to the courts also so that they know I have supplied them with information, seems that RBS like to deny reading mail!!!

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Guest willowb

Guest willowb

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Allocation questionnaire done, with help from FANTASTIC template in above link.

 

Now, I need to write a letter (RD) to RBS stating part 18 does not apply to the small claims track but I will graciously give them as much info as I can (i.e., name, address, spreadsheet, and why I believe the charges are unfair etc), and also inform them that I will be sending the same info to court.

 

 

Does this sound ok?

 

Wx

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Guest willowb

Guest willowb

Posted
Posted

Hi Andrea it's the full amount. Where did you get the idea that it was anything over £10? Have you got your statements through?

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Guest willowb

Guest willowb

Posted
Posted

Right then......here's my letter.....

 

With reference to the request you made for 'further information', served pursuant to CPR part 18. Part 18 does not apply to the small claims track, as you are well aware. Therefore there is no need to respond to any inquiries made under part 18. We consider that the inquiry is intimidatory and we intend to bring the intimidation to the notice of the court. Regardless, I will be sending as much information to you as I can, which I will be duplicating and sending to the court also so that they are aware of every detail of this case.

I enclose the particulars of our account with RBS and a spreadsheet with a list of charges, which I have already posted to RBS in the past, but I will post it to you again. Also enclosed are explanatory notes as to why I am claiming these charges back from RBS.

 

I asure you it's all in the same text format, don't know why it came out like that! But anyway, what do you think? come on.....someone tell me please!!???

 

Wx

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andrea82

andrea82

Posted
Posted

Just on TV and things they have been saying that over and above £10 is an unreasonable amont per charge so just thought I would ask, only handed in DPA yesterday at the branch must admit it's quite exciting

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Guest willowb

Guest willowb

Posted
Posted

Thing is that, if they set out a reasonable charge schedule (whatever that is) then fine but they don't and because they don't, that they choose to afflict ridiculous penalties on customers instead, is why you can claim back the FULL amount. They and the law need to work out what is reasonable and stop this stupidity.

 

But if you need more advice I'm probably not the best person to ask, you should start your own thread and wait for help.

 

Wxx

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davefirewalker

davefirewalker

Posted
Posted

Yes....

 

it'll do fine

 

Get it sent

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Guest willowb

Guest willowb

Posted
Posted

Hi:)

 

Anyone here know how long the courts usually take to send out a hearing date?

 

Not heard anything back from RBS re the above letter......hummmm

 

Wx

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binkhus

binkhus

Posted
Posted

i would just like to add that it can be hard to find your way through this site, the faq section is very good but sometimes the questions do not relate directly to the query you have, a few people who answer questions on the site can be quiet harsh and dismmissing of people like you and me.... "just read through the faq" is a term many of us come across but most of the people on here are great and will take the time to help even if it has been answered in a hundreed other threads, and for these people i am so grateful! :-)

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Guest willowb

Guest willowb

Posted
Posted

I know what you mean. I think that everybody has a bad day though and I suppose it can be quite frustrating dealing with us all on a daily basis. I have been a pain in the ass by the way but that's only because I was scared! If you have any questions Binkhus, just ask :>)

 

Wx

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Guest willowb

Guest willowb

Posted
Posted

Hi David, thanks for the reply :>)

 

From reading your signature I can see that I'm about a month behind you so I'll probably get my date in 3 weeks time.....thanks for that.

 

When's your hearing?

 

Wx

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