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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.

County Court £5,000 limit.

alanfromderby

By alanfromderby
in Historic Bank Claims

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alanfromderby

alanfromderby

Posted
Posted

I have not seen a definitive answer to this question elsewhere, and it has been puzzling me since I have a claim that is likely to require the maximum amount.

 

Does the £5,000 limit for a CC claim have to include the court fees, and the 8% interest, or can these be added on top, and still meet the criteria for the claim to remain in the CC?

 

 

 

 

 

 

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BankFodder

BankFodder

Posted
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The £5000 limit is net of fees and interest.

 

there is one user who avoided claiming interest in order to avoid going over the limit.

 

Wrong!

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NeilP

NeilP

Posted
Posted

MODS,

 

Please can this be explained in the FAQ section, as i have done exactly that. Not claimed back the full 6 years, and underaccounted for the general interest to keep it under £5k when taking into account the 8% and Court Fees.

 

Had i known this before, my claim would have been for another £3 - £400.

 

Thanks

 

Neil.

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  • 2 weeks later...
overcharged_consumer

overcharged_consumer

Posted
Posted
The £5000 limit is net of fees and interest.

 

there is one user who avoided claiming interest in order to avoid going over the limit.

 

Wrong!

 

Bankfodder,

 

This question is one I have been looking into for a while without any success. However, today I have found something which possibly contradicts your answer. It's taken from the hmcourts-service website.

 

I've been trying to determine whether or not to raise more than one claim given that my total claims in respect of multiple accounts with one institution totals just under £5k but if it makes the courts it will exceed the £5k Small Claims Track limit.

 

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.!

 

As it states that the interest must be added to the amount you are claiming I can only assume that the amount PLUS interest is what determines the claim amount.

 

Forgive me if I'm wrong but that's my interpretation at this time. I'm still looking for evidence to the contrary though as I'd like to raise a single claim in respect of my charges.

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dw190

dw190

Posted
Posted

I would agree with the above.

 

The only exception for exceeding 5K would be the court fee and costs.

 

If when adding the interest the total figure exceeds the 5K by just a few pounds and the interest is a considerable figure, I think the claimant would be entitled to limit the claim to 5K to keep it within the small claims track.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Guest Lueeze

Guest Lueeze

Posted
Posted

Can anyone confirm this is correct? Lots of conflicting info and I just want to make sure before my claim gets to court as I will be very close to the 5k mark

 

Thanks

 

Lou x

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BankFodder

BankFodder

Posted
Posted

Cpr 26.8 (2)

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  • 12 years later...
alanfromderby

alanfromderby

Posted
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Posted

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

 

 

 

 

 

 

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Please

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Thanks

Guest
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