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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.

serving court papers

bigalan777

By bigalan777
in Scotland Banks & Finance

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bigalan777

bigalan777

Posted
Posted

I have taken the big step now of filing my summary cause against the bank of Scotland, the staff at my local sheriffs court were brand new helping me getting my forms sorted ( please make sure you use form 1 and 1b for bank claims not 1a !) now im waiting for the papers to be returned to me. I was told that I cant just send the papers to the Bank that has to be done by a solicitor or sheriffs officer. Does anyone know how you contact the sheriffs officers is it just a matter of turning up at their office with the papers and how much is that likely to cost.

:cool:

big Al

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sazz

sazz

Posted
Posted

Hi There,

 

Once you've lodged your summons with the court, you pay the fee (or it's waived for people on certain benefits) and the court serve it for you.

 

It can be a bit messy doing it yourself!

 

:)

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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Tom Carter

Tom Carter

Posted
Posted

I'm not sure but i thought if you use a small claims action the court will serve the papers for you at no extra charge.

 

However if you use a summary case you need to get a court officer to serve the papers for you. You need to set up the serving of papers/summons yourself far as i know it will cost you and extra £30 but you can claim this back as part of your action.

 

Your local sheriffs court should be able to advise you of who you need to get in touch with.

 

There is a thread where this is mentioned can't rember where it is tho, try a site search or check out the goven law centers site all in info is there.

 

Here's the link: Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

 

Hope this helps

 

Tom

-----------------------------------------------------------------------------------------------------------------------

Data PAct halifax 19/6

Conf letter 22/6

£10 Fee taken 30/6,

List of charges recived 29/7

Prelim sent 31/7

LBA sent 15/8

Court action start 30/8

Offered £160 & then £482 as full settlement 6/9 LOL

19/09 Full settlement of part 1 £710 charges, £200.88 interest & £39 costs. :lol:

2nd cout action started 27/09 paid in full 29/11:smile:

MEAF Reclamed X2 £75 Halifax & £175 from C&G here's how http://www.moneysavingexpert.com/reclaim/mortgage-fees

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o0oliambeeo0o

o0oliambeeo0o

Posted
Posted

Hi Alan, first off good luck with your claim.

 

With regards to the summary cause service, it is just as simple as turning up at any sheriff officers office and they will serve the summons for you (not all but some solicitors will also serve it), when you do turn up you must take BOTH summons with you which the court have returned to you (form 1 and 1B) as form 1 shows it has been submitted and processed with the court, with regards to the cost I do not think there is a set price but as Tom says it should be around £30.

 

Again good luck with your claim and keep us updated on any developments.

 

Regards

o0oLiamBeeo0o.

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

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bigalan777

bigalan777

Posted
  • Author
Posted

thank you for your advice had to reserve papers as I only had 4 days to have them served ( please check your calling dates on the papers !) got another date thanks to the helpfull people in the civil office Paisley sheriff courts roll on November, money will come in handy for christmas.

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Quixote

Quixote

Posted
Posted
Just take them to any Sheriff Officer - they're listed in the Yellow Pages. The Fee is around £30 plus VAT and you'll have to pay up front. ONce served you get a confirmation of service, then it's chocks away!

 

Just been on the phone to A A Hutton in Dundee! Apparently, once the papers are returned to you from the court, you can send them to the Sherrif Officers along with a fee of £15.46 to have them served via registered post. The bank MUST have recived the summons within 21 days from the hearing date, so we need to make sure they're posted in good time. If the bank refuses to accept the summons, it will have to be served by hand which I think it where the £30-ish fee comes into play? Good luck :-)

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