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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.

judi24 v Yorkshire Bank **settled**

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zebbydog

zebbydog

Posted
Posted
Update -

Got a 'lovely' letter from Neil McKirdy 1 week after LBA to say that he will respond to my compalint within the next 4 weeks. Am I obliged to wait these 4 weeks or should I continue with next step after the initial 14 days are up? If I continue with the next step should I let him know? Any advice please.

 

If you gave him the 4 weeks,you would probably hear nothing or at least nothing positive from him.Just a delaying tactic.Carry on as normal

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judi24

judi24

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Just wanted to confirm Is this the address to put on the moneyclaim form:

REGISTERED ADDRESS: -

YORKSHIRE BANK PLC

20 MERRION WAY

LEEDS

LS2 8NZ

I've not used this address before - always either the branch or the Glasgow address.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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I would use the branch address as they will know about it, and you should avoid the Scottish one.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
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It will all get sent to the same place in the end.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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judi24

judi24

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Notice of issue recieved from mcol today. I take it that the yb hs 28 days to resopnd from the date of issue - 8th oct. I take it I just sit tight and wait and see what the YB come up with.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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They have 14 days to respond, and if they state that they intend to defend they will have an extra 14 days to submit their defence. The process is clearly explained on the MCOL website.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hoogie32

hoogie32

Posted
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Judi,

 

Keep me updated can you, as I too received the same letter from Neil today. Filing MCOL on Monday.

What address did you eventually send the MCOL too? Was it your branch?

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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judi24

judi24

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Recieved notification of intention to defend today from MCOL. Also recieved a letter from YB's legal department asking for a schedule of charges saying I have failed to supply this withe MCOL. They write

 

'should you fail to provide such details, we will apply to the court to have your calim struck out pursuant to CPR Part 3.4 (2) © '

 

they have given me til the 12th Oct to comply. I have already sent them this twice with my initial request and LBA.

 

My question is where do I send this to? Do I send it to the court or dirctly to thier Legal office? or both? Can I fax it to them as they have put a fax number on thier correspondance?

 

Please help as I don't want to make a mistake at this stage and get this claim thown out.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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They are really trying it on here. When I started the process it did not include a schedule of charges until the MCOL stage and I didn't supply one until I submitted my Allocation Questionnaire, by which time I had a copy of their defence and counterclaim. As you have already supplied it twice you are not required to supply it when you submit your claim according to the Patricia Pearl Small Claims book that I have just been reading. We all know that it is not possible to attach the schedule when you claim on MCOL.

 

I think this is what they are referring to:

 

While many applications under rule 3.4(2) can be made without evidence in support, the applicant should consider whether facts need to be proved and, if so, whether evidence in support should be filed and served.

 

I suggest you send them a copy to the YB legal office (I assume that is where the letter came from) and one to MCOL. I would send Yorkshire Bank a covering letter sweetly pointing out that you have already supplied YB with this twice, but will do all you can to bring this action to a speedy resolution.

 

I would send a copy to MCOL with a covering letter, including your claim number and say that you have already sent YB their copy of the schedule as you were concerned as they intended to apply for the claim to be struck out. You could also send a copy of their letter and your response to show that you have complied with their request. I believe that will all get forwarded to your local court and with a bit of luck the judge will not be impressed by YB's actions.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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judi24

judi24

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caro thanks very much for this advice. It seems I am getting the hang of this cos I have already done most of what you have suggested this evening. I have written to both the YB legal dept and MCOL with another schedule of charges attached. What I didn't think about was including the letter from the YB with the letter to MCOL, this is a great idea as it may help the court see just how difficult the YB are being. Will add this on before posting.

I am also going to fax the schedule of charges directly to the legal dept. tommorow aswell as posting incase they argue that the letter doesn't get there before the 12th. Want to cover all bases if you know what I mean.

 

Thanks again

 

J

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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I do know what you mean but I very nearly advised you to ignore the request and let them try and get it struck out, and then write to the court and tell them what a load of bullpoo this was cos they have already had the info twice. It pays to appear reasonable to the court though.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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judi24

judi24

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Yeah I thought I was better to appear helpful and reasonable It might help to highlight how obstructive and awkward the YB are being. It is difficult to know how to play it. Half of me want's to be as difficult as them but at the end of the day what I'm after is my money back not just prove a point and win an arguement although taht would be nice too!

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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Posted

I think both you will get your money and prove your point. Softly softly catchy monkey!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
hoogie32

hoogie32

Posted
Posted

Judi

 

Whats the latest with you? - Ive just received the same letter as you.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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judi24

judi24

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Not much happening at the moment. Waiting for YB to defend/counteclaim at the moment. Have complied with everything they have asked me to do. They still have 2 weeks to do this so just biding my time at the moment - thanks for asking.

I am spending time reading through threads that are a bit further on to see what to expect next - I'm trying to be patient - not my strongest point but you need it with this lot!

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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hoogie32

hoogie32

Posted
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Thanks for the update - read your pm too.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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judi24

judi24

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YB have till 5th Nov to defend - that is 28 days from when the claim was deemed to be served. This is a Sunday! If there defence is not logged by Fri will they still be able to submit it by sunday - or will they have till monday 6th to defend - I wish they would hurry up! so we can get to the next round of stalling waiting!!

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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caro

caro

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I didn't think that claims could be served at weekends. I am pretty sure they would have until Monday, and I am not sure that anything would happen at MCOL's end on a Sunday TBH.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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judi24

judi24

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I didn't think so either. But the claim was deemed to be served on the 8th of Oct so 28 days is the 5th of Nov which is also a Sunday so it doesn't make sense.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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