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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.

ocharged v halifax ***SETTLED IN FULL***

ocharged

By ocharged
in Halifax and IF successes

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nona

nona

Posted
Posted

Thank Goodness for that!!:p

 

Good Luck xx

 

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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nona

nona

Posted
Posted

no prob ocharged

Nona

[CENTER][SIZE=2][I][COLOR=DarkOrange]Any advice offered is only my opinion, based on my experience with my claim [/COLOR][/I][/SIZE] [SIZE=3][COLOR=Blue][SIZE=2] I won my case because[/SIZE] I READ THESE FIRST[/COLOR][/SIZE] [URL="http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/"][COLOR=red]http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/[/COLOR][/URL] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=3]Halifax[/SIZE][COLOR=YellowGreen]-[/COLOR][/COLOR][B][SIZE=4][COLOR=Red][COLOR=YellowGreen]SETTLED IN FULL[/COLOR] :D:D:D[/COLOR][/SIZE][/B][/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=magenta] [COLOR=SeaGreen]Prelim letter sent [COLOR=Black]10/07/06[/COLOR] Moneyclaim issued [COLOR=Black]07//08/06[/COLOR][/COLOR] [COLOR=Red]Settled in full[/COLOR] [COLOR=Black]15/08/06 [SIZE=2] [/SIZE][/COLOR][/COLOR][/SIZE][/FONT][CENTER][FONT=Comic Sans MS][SIZE=1][COLOR=magenta][COLOR=Black][SIZE=2][COLOR=DarkOrchid][SIZE=1]Survey completed. Donation made[/SIZE].[/COLOR][/SIZE][/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [CENTER][FONT=Comic Sans MS][SIZE=2][COLOR=magenta][COLOR=Black][COLOR=Navy]Thanks to Dave and Bankfodder, and all who have given their time and advice[/COLOR]:)[/COLOR][/COLOR][/SIZE][/FONT] [/CENTER] [FONT=Comic Sans MS][SIZE=1][COLOR=red][COLOR=Black]Co-op Bank Visa[/COLOR] Settled after LBA (only £61 but hey ho, every penny counts) [/COLOR][/SIZE][/FONT][FONT=Comic Sans MS][SIZE=1][COLOR=#00bfff] [/COLOR][/SIZE][/FONT]

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ocharged

ocharged

Posted
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Posted

:-( ok Then,That told me. SORRY AARDVARK.VERY SORRY.Thank you for all your help and advise along my way,guess I`m the one thats ABRUPT,I`m getting to touchy about the whole thing.SORRY once again.:(

:p
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ocharged

ocharged

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:) Hi,I`ve just been to do my spreadsheet to work out the interest and carn`t seem todo it,it calculated all the charges together but not the interest.HELP PLEASE!Where am I going wrong?Can I do it manuly and just print it out?THANKS.:)
:p
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aardvark the lecturer

aardvark the lecturer

Posted
Posted

The sheet should work out the 8% automatically? have the formulas been removed?

You're simplest answer may well be to download the sheet again, and cut/paste just the charge information across (i.e. 'in respect of', 'amount' and 'date incurred').

If that doesn't appear to work then the more basic solution will be to re-enter the figures into a fresh spreadsheet i'm afraid.

 

Re last couple of posts: - apology accepted, I guess we can all have bad days and take far too much offence; lol

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aardvark the lecturer

aardvark the lecturer

Posted
Posted

It can be done manually but the calculations are fairly complex i believe, not my strong point to be honest but you have to apply it as a compound rate, so rather than add 8% at the end, you add a daily rate by taking the amount and multiplying by 0.00022, finding the total and repeating for every day that has passed since the penalty charge was applied.

 

It's really not fun, believe me.

 

Things to check, are you downloading the right software version for the software you have on your PC? (i.e. works,excel etc....)

 

At what point is it failing and what does it say on screen? What operating system is on your PC i.e. windows 2000, windows XP.......

What spreadsheet software do you have on it?

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ocharged

ocharged

Posted
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To be honest I have no idea my husband is the computer wizz,and he`s no here at the moment.

I think we have windows xp,if that helps.

Also I have another problem the royle mail have informed me that there was a delay on my LBA which was posted recorded on the 9/10/06 and they still haven`t` delieverd it to Halifax can I still file my N1 form on Monday?Thanks.

:p
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aardvark the lecturer

aardvark the lecturer

Posted
Posted

Royal Mail, god love-em, they can be a right pain as well!.

 

There are mods who reccomend that you should only get a proof of postage as the courts apparently accept this, and it means you don't have to care about whether your letters get there or not. I personally disagree, I want them to read my letters, I spent long enough writing them!

I don't see that as fair either, I'm amongst the first to kick-off when something happens and I haven't been told i.e. a bank telling me they posted notification of something on a certain date but it wasn't delivered.

They usually don't back down mind-you but if it was something major like a court action warning letter I'd be fighting tooth and nail for the time to be given back.

 

All of which is probably irrelevent though because if they choose to contest you sending the letter to a court then your only proof that you did so would also demonstrate that they hadn't received it!

 

As frustrating as it sounds, my advice is to re-send the LBA, ring the post office and demand a refund on the postage, have a coffee (caffiene free from now on though), breathe........and relax.

 

If you get there standard "sod off to the omnbudsmen we won't do anything more" letter, you could choose to file MCOL/N1 within the 14 days anyway (check my halifax 1+2 thread for details).

It also gives you more time to sort your spreadsheet problems out.

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aardvark the lecturer

aardvark the lecturer

Posted
Posted
Hi,just an update.Recieved a letter from Halifax today saying if I dont want the offer then bog off ,so I guess it`s` off we go to court on Monday.

 

Just noticed this post, was it the letter to say we offerred to refund 6 months of charges, you declined, go to the omnbudsmen if still unhappy letter?

 

If so then my advice is this, ring the number given on that letter and ask for the person who wrote to you.

Ask them to confirm that they consider the situation at an impasse, and no longer require any further time to consider before you take them to court.

Don't be dragged off into any other discussion (not that they will, I don't think they're allowed to discuss the case as your file will already be with a diferent dept), just ask for an answer to your question. If they agree then request that this information is noted on your file records and get their name (it's unlikely to be the person you asked for!).

 

Then you can file anytime you like!

 

I should warn, not everyone agrees this is a good idea but I used it in my case and they paid out as normal. I believe others have done so as well with the same result.

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aardvark the lecturer

aardvark the lecturer

Posted
Posted
Right here go`s.

0.00022 x 2`370.00=52.14. so it`s 52p per day right?

52p per day from 29 june 2002 upto 23 october 2006 is1577 days ok.

so 52p x 1577=820.04.Is this my 8% interest or have I done it all wrong?

Let me know Thankyou.

 

Nowhere near as simple or quick I'm afraid, (in my understanding of it)

E.G. £30 charge on 1st Oct this year

1/10/06 £30 (*0.00022) = 0.0066p interest then add the charge value

2/10/06 £30.0066 (*0.00022) = 0.013201 interest then add the charge value

3/10/06 £30.013201 (*0.00022) = 0.019803 interest then add the charge value

4/10/06 £30.019803 (*0.00022) = 0.026407p interest then add the charge value

.......... and so on up to todays date --- for every charge individually!

 

Apologies if i'm wrong but i've checked this against my spread sheet and it seems accurate. Please post a correction if i've mis-understood anyone.

 

 

You really want to wait and get hold of the spreadsheet.....

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jolake

jolake

Posted
Posted

RESULT

 

Thought I would post this here as a boost for you.

 

I sent the Halifax the First letter requeting the return of £117 worth of fees.

 

14 days later they phoned me and said that they didn't think that their charges were un proportional and the courts had nevers said that they were either.

 

I said thats because the cases have never reached court and maybe I would be the first to take thenm there.

 

They replied by saying they had charged me £256 over the year (i had got my sums wrong) and that they would return half.

 

I said I would accept half in part payment and they should give me the rest within 14 days.

 

They said it wasn't worth fighting over and that they would refund the whole amount

 

 

THANK YOU VERY MUCH

 

stick to your guns guys its worth it.

 

 

Right Im after Barclays now for £3500 wish me luck

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