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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.

      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.

Royal BOS Business account

vix2000

By vix2000
in Royal Bank of Scotland

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vix2000

vix2000

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well, thats it, claim sent!!!!!

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First Direct 1 - settled

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vix2000

vix2000

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can anyone reassure me that what I've done is OK please?

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First Direct 1 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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vix2000

vix2000

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Can you let me know if my claim seems OK please?

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First Direct 1 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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vix2000

vix2000

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Posted

This is what I put on the form. Just wondered if bankfodder could confirm that its ok as he suggested where to research.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges.

 

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977.

 

In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law.

 

Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred.

 

I have asked the bank to justify their charges but they have declined to do so

 

thanks.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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BankFodder

BankFodder

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Posted

It looks okay as far as the interest claim is concerned you need to put in the daily rate. So you need to calculate 8% of the charges that you are claiming divide them by 365 and that is your daily rate. When you finally get your settlement then you will multiply the number of days since the claim was made by the daily rate and that tells you how much extra to add on

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vix2000

vix2000

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Thanks for the advice. Will keep you posted.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 3 weeks later...
vix2000

vix2000

Posted
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RBS acknowledged on 12th May so have until 8th June. They haven't filed a defence yet. As the dates getting closer can anyone tell me, if they don't defend is it won by default? If they do defend will it go to court? Thanks.

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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vix2000

vix2000

Posted
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Posted

any advice?

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 12 years later...
vix2000

vix2000

Posted
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Posted

This topic was closed on 03/05/19.

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 their.

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

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Thread Locked

because no one has posted on it for the last 1880 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

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If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

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