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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.

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      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.

Whizzkid v Abbey - Round 2

whizzkid001

By whizzkid001
in Santander

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gordonhall

gordonhall

Posted
Posted

FANTASTIC NEWS!!! Well done to evyone involved...

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Jamloo

Jamloo

Posted
Posted

One word that sums up you and Neil P...

 

INSPIRATIONAL !!!!!

:) Congratulations to you both ! :)

Jamloo

__________________________________________________

Abbey - Data Protection Act Disclosure Request Sent 03/04/2006 - 40 day limit was 13th May.

9th June 2003 to 9th April 2004 Statements We Have - Total Charges = £1,420.00 :o

18th February 2005 to 18th March 2006 Statements Received - Total Charges = £3,177.00 :o

Still awaiting remaining statements.:evil: (as of 25th June)

Request for Repayment Letter Sent Recorded Delivery 02/06/2006 - 14 day limit is 16th June. Requesting £4,597.00

Letter Before Action Sent Recorded Delivery 22/06/2006 - 14 day limit is 6th July. Requesting £4,597.00

 

Capital One (Part 1) -

Request for Repayment Letter Sent Recorded Delivery 26/06/2006 - 14 day limit is 10th July. Requesting £359.22

 

Letter Before Action Sent Recorded Delivery 24/07/2006 - 14 day limit is 7th August. Requesting £359.22

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whizzkid001

whizzkid001

Posted
  • Author
Posted

Will be National + regional (southeast) too :D

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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caro

caro

Posted
Posted
Will be National + regional (southeast) too :D

 

My goodness the press are busy at the moment - and the forum too:p

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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Guest louis wu

Guest louis wu

Posted
Posted

I showed my wife this entire thread, and for the first time in weeks she doesn't think I am mad taking on the Abbey.

 

Well done mate, proud of you.

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fairydustforever

fairydustforever

Posted
Posted

YES!...Amazing - Well done Whizzkid!

 

Just sorry Ive only just read this!

 

Debbie

SENT Data Protection Act request letter + £10 fee

Posted:8 June 06 :p (nxt day special delivery)

1st response FROM Abbey (using microfiche arguement + ignoring Data Protection Act request)

Received:17 June 06 (no statements yet)

SENT Microfiche arguement letter (insisting on my original Data Protection Act request)

Posted:19 June 06 :p (nxt day special delivery)

14 statements received FROM Abbey

Received:22 June 06

Statements covering period:20 March 05-20 May 06

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whizzkid001

whizzkid001

Posted
  • Author
Posted

By the w/end I would hope to be able to let you all know in more detail the 'juicy' details that occured in, and as a result from, the hearing last week. It was quite, nay very, significant & will offer encouragement to all those on the long hard road with Abbey.........

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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caro

caro

Posted
Posted

It almost makes me wish I had an Abbey account. But not quite.

  • Haha 1
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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Bovvered

Bovvered

Posted
Posted

Yes - this is awesome and you should celebrate with copious amounts of alcohol - congratulations and can't wait to hear the details!!

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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chrismc

chrismc

Posted
Posted

Can't wait to hear what happened Whizzkid, well done!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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jayne67

jayne67

Posted
Posted

Although we all know this was the only outcome, it still warrants a BIG CONGRATULATIONS! Well done Whizzkid.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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caro

caro

Posted
Posted
fantastic news i will have a few beers tonight to celebrate for you

 

Now that kind of support for our fellow BAGers goes above and beyond. So considerate of you Paul.:p

 

Actually not a bad idea. Cheers Whizzkid!

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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neilloffhagen

neilloffhagen

Posted
Posted

I offer my congradulations as well. Having just been paid a claim by the HSBC I'll now be starting one for the Abbey. Don't think it will be too large an amount, but hey, it all adds up. Thanks for your inspiration.

 

Neil.

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Janeyh

Janeyh

Posted
Posted

Wizzy, congratulations, that's absolutely FAAAANTAAAAASTIC !!!!!!!

 

Phew, I can breath now.

 

I'v got to say that you journey with this has been gripping and such an inspiration to everyone else. I'm so pleased for you I could cry !!

 

Well done sweetie, God knows, you deserve it.

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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whizzkid001

whizzkid001

Posted
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Posted

Ok guys & gals, you all ready for the 'events' of the last week??? In lurid, gory detail???

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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sazz

sazz

Posted
Posted

YAY!!!!!!!!!!

 

And yes to the gory details obviously!

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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Odd Fellow

Odd Fellow

Posted
Posted
Ok guys & gals, you all ready for the 'events' of the last week??? In lurid, gory detail???

 

You've whet our appitite and now you're stringing us along - c'on, it's been 30 minutes since your last post - :D

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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whizzkid001

whizzkid001

Posted
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Posted

Weds 31 May - Neil's Set aside

 

2 days before my set aside, I & seminole attended Neil's hearing. Outside court, their defence handed Neil an extremely LARGE defence file - obviously designed to intimidate & scare him (no such luck). In the hearing, the judge first asked if Abbey had any objection to we 2 being there, she said no. However, when we then stated our names, they said 'If that's xxxxx xxxxxx with whom I'm in court in a similar action Friday, then yes I object'! Wrongly, as we later discovered, I was then 'booted' out! She also unbelievably tried objecting to Paul's presence too, but this was duly denied.

 

His hearing lasted just 15/20 mins. They were given a suitable dressing down by the judge for taking some 20+ days in even getting the claim form to the right office!! However, the judge had obviously already determined that this was going to be granted in any event, and Neil was virtually denied the opportunity to attack their very weak & not very credible defence. It ended with set aside being granted & Neil being asked to submit his particularisation of charges within 7 days. No further dates were discussed or set.

 

(cont)

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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whizzkid001

whizzkid001

Posted
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Posted

Thurs 1st June - Day before My Set aside

 

Midday, I receive an email from them giving me yet another defence document to be relied on the next day! There is incredibly now an original Witness Statement & defence from them, and now a somewhat different Outline Submission In Support of Set Aside document! Am I supposed to be scared? Bring it on! I pretty much spent the night amending what I HAD been expecting to use against their Witness Statement, to more closely match this new, last-minute document.

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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