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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.

Hoogie32 v Clydesdale Bank (Yorkshire) ***WON***

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judi24

judi24

Posted
Posted

Your MCOL is ssent via the internet to the court in northampton, so it doesn't physically get sent to the branch by you. It is forwarded via the MCOL court to YB's legal dept. You Just need to use the Branch address when completing the form. You also can't attach a schedule of charges although the YB legal dept may send you a snotty letter asking for this. They did with me even though they already have had 2 coppies.

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

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hoogie32

hoogie32

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Thanks Judi, I was getting confused. MCol being sent as we speak, £120.00 it cost me :) - Never Mind, just another £120.00 I will get back.

 

The Balls now in their court.....

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

Posted
Posted

Great - you're not far behind me me - lts see how long it takes them to cough up! Would be nice before Christmas but i think they will try to drag it out for as long as possible.

MbNA was totally different - sent request for access a few weeks ago - got an offer of approx half what they owe on sat - phoned thier complaints dept (as advised on MBNA thread) yesterday at 4.50 pm - told they would call back today. Got a phone call at 9:10 this am offering full amount and compound interest as a 'goodwill payment'! Took it of course. They did try to make it clear that this payment was not an admission of error more a customer relations thing.

 

Wish YB would take lessons from them.

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

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hoogie32

hoogie32

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fantastic news judi - well i hope we both get sorted before xmas - will have to meet up with our other halves and have a few drinks to celebrate if all goes to plan!!

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

Posted
Posted

Yeah was a nice surprise. Yorkshire bank are a different thing altogether though. I can see this going right up to court stages. Well nothing ventured nothing gained. It will be a great help in clearing some debt.

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

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kaiser_solsay

kaiser_solsay

Posted
Posted

Hi guys,

 

I just won against the Nationwide and I am about to start a claim against CB for £1,900. I live in scotland and my branch is in Scotland....do you know if I can use the English Money Claim system?? It took 6 months to get my cash back via theScottish Sheriff Court System.

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hoogie32

hoogie32

Posted
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dont quote me, but im sure you have to go through the scottish court?

 

Caro would be the best person to ask.

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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ozzywizard

ozzywizard

Posted
Posted

To my knowledge, you will have to use the Scotish system and can only go back 5 years up to a total of 750 so you can break it down by Date and claim the older ones first. Or another option is go to summary cause court, you can claim up to 1.500 plus court costs.

 

 

Please do wait for advise from somone else though as im not 100% sure on this.

Maybe best to start your own thread in this section so you can keep a good track on information and so can Hoogie on his.

 

 

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caro

caro

Posted
Posted
Hi guys,

 

I just won against the Nationwide and I am about to start a claim against CB for £1,900. I live in scotland and my branch is in Scotland....do you know if I can use the English Money Claim system?? It took 6 months to get my cash back via theScottish Sheriff Court System.

 

See if this helps you from the Scotland forum. As there HO is in Scotland a quick scan makes me think you will have to do it in Scotland. It seems to me that CB actually pay up quicker in Scotland than England, but of course you are much more restricted in the size of your claim. As Ozzy said, start your own thread as we appear to be hijacking Hoogies, and I am sure a lot of people are in the same position as you. The Scotland forum may also have other usefull info that will help you. http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html

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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arthur071169

arthur071169

Posted
Posted

Well, when I do my MCOL I shall be sending my claim to the branch in central london (I however live in england).

My *actual* branch is in scotland, so this could be an interesting one..

 

I as fairly sure as I live down south I can instigate my claim from down here...

 

 

 

I hope you have used your branch address, or at least an address in England for your prelim and LBA, and use the same when you claim.
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caro

caro

Posted
Posted

No problem as long as your prelim and LBA go there too.

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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Posted

Update**

 

Just got the Notice of Issue on the MCOL. The defendant has until the 30th October to reply.

 

:)

 

Things are certainly moving.

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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caro

caro

Posted
Posted
Update**

 

Just got the Notice of Issue on the MCOL. The defendant has until the 30th October to reply.

 

:)

 

Things are certainly moving.

You can now expect them to stop once they acknowledge.

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

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Posted

I fully expect it Caro to be honest, and reading through other threads on here, oh well, they know they are beaten, if they want to drag it out - sound.

 

I have all the time in the world, well not all - but some :)

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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caro

caro

Posted
Posted

Good attitude Hoogie. I didn't want to sound negative, but you have to be realistic and you seem to be. Good luck

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

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Posted

Cheers Caro,

 

Just got to with the flow, they will drag it out as much as they can, and with the courts now involved I think realism is a must. I just cant thank you and this site enough.

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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hoogie32

hoogie32

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JUST GOT THIS LETTER THIS MORNING.

 

I refer to the above claim that you have raised against the bank. The bank have filed that you have failed to provide details of the account you claim to hold with the bank (sort code and account number) nor have you provided sufficient detail of the charges you allege should be refunded (date and amount levied) with your claim form.

 

You are required to provide these details no later than 20/10/06 (TOMORROW)

 

Should you fail to provide these necessary details we will apply to have your claim struck out.

 

quickest way to sort this?

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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arthur071169

arthur071169

Posted
Posted

Well, assuming you did provide this information, send faxes of the original letters, and even better if you sent the letters recorded delivery.

 

If this is all correct and you can/want to fax them, I would just write a nice letter, send it recorded delivery stating that your claim etc. will be progressing as normal and that you thank them for their continued corrospondence. Also say that you have filed their recent letter with all the others you have received, in anticipation of further communications with the bank.

 

Be polite, the judge will like this and it makes you look professional.

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hoogie32

hoogie32

Posted
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Posted

I have got all letters, and schedules of charges with Sort codes and account codes here -The original letters were all sent recorded delivery, where do I send them to though?

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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arthur071169

arthur071169

Posted
Posted

Did you send the original letters with the info they say you omitted?

Did you send a breakdown of the charges?

If you did, then just send your branch (and I would cc in Neil McKirdy - customer relations) a letter ststing that any deadlines you have given them (14 days etc for LBA) still stands and enclose a photocopy of the original request you started the whole 'request for payment' issue with.

 

It is a delaying tactic. Ignore it and remind them of their 14 day right to reply, therefore adhering to the legal requirements before you post a MCOL.

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hoogie32

hoogie32

Posted
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Posted

This letter is in response to my MCOL.

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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hoogie32

hoogie32

Posted
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Posted

anyone?

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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hoogie32

hoogie32

Posted
  • Author
Posted

WOOOOOAAAAHHHHH.

 

My wife has just rung to say that another letter from YB has arrived, saying that they defend in full the claim. - What happens next? - Caro - Do i need to send these documents to the legal department or do I now just leave it?

 

Also - What happens with MCOL Now

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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