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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.

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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.

Ppi on barclaycard loan *** SUCCESS ***

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Posted
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Am claiming back OH's PPI on his barclaycard loan, sent 2 letters for T&Cs and SAR dated 30 January 2012. To date have got T&Cs but no SAR.

 

Today received a phone call asking questions, basically they are looking into whether we have a correct claim or not. They have given me a number to ring if I do not hear from them in 2 weeks, is this unusual, have not even got to the letter stage yet as still awaiting SAR.

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ims21

ims21

Posted
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Barclaycard loan?

 

Do you mean Barclayloan or Barclaycard credit card account.

 

Never heard of a Barclaycard loan?

 

They cannot possible be looking into a claim for you if you haven't lodged one yet. Mind you if they find in your favour that would interesting.

 

I wouldn't ring them until you have your SAR response and they have 40 days to comply with that.

 

ims

 

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doo

doo

Posted
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Posted

It was a personal loan from Barclaycard, and the PPI is confirmed as Barclaycard Personal Loan Payment Protection.

 

As I say, we are awaiting SAR which is now over 40 days, so should I chase this by a follow up letter?

 

Was a bit surprised about the phone call myself, so will wait and see but as yet have not worked out interest as we have not got our paperwork anymore and I want to do this correctly. We have a rough idea how much PPI we have paid though.

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ims21

ims21

Posted
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Hi

 

OK new one to me but all noted...thank you.

 

So a personal loan....have a look at No.1 in my signature. There is a spreadsheet at the end which will work out your claim for you.

 

However you need that SAR information first so send them the failed SAR letter from the library. Have they cashed the payment for the SAR?

 

ims

 

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doo

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Posted
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Will send letter forthwith and no as yet they have not cashed my cheque but I did also send them a cheque for £1 for the T&Cs which they sent back. Thanks for highlighting where the spreadsheet is.

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doo

doo

Posted
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If they haven't cashed the cheque are you sure they received the SAR?

 

Did you send it recorded?

 

They have received it as it was in the same envelope with my letter asking for T&

Cs to which they have responded and yes it was recorded.

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  • 1 month later...
doo

doo

Posted
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Just to update, still no SAR! It's now 90+ days and apparently should receive it this week. Also 8 weeks are up since we sent back their consumer questionairre.

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doo

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Have already issued them with non-compliance letter but I am afraid as yet have not followed it up - I know its slack of me but have pressing family matters at the moment which has left me very short of time to press this.

 

On the other matter of my consumer questionnaire, Barclays state on their website that new claims will be dealt with in an 8 week timeframe, I know after this time I can go to the Ombudsman but I have been told by Barclays that my SAR has slowed the progress of them looking at my PPI claim. Not sure how the two are connected, I feel I was forced to fill in questionnaire as they had already sent me one and I had informed them I was waiting on my SAR, they then send me a second one and stated that unless I filled this in within 10 days they would look at my claim without it. Felt it was better to fill it in than let them progress further without it.

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ims21

ims21

Posted
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Hi

 

SAR and PPI claims should not be connected and is not an excuse to delay looking at a ppi claim.

 

The consumer questionnaire is a standard procedure and should be done for any ppi claim.

 

Also 8 weeks is the amount of time allowed for by the FSA to deal with a complaint...the banks cannot change that to suit themselves.

 

Don't let the bank take control...you must remain in control of things. They play on the fact that because they are big companies, the little guy will believe what they tell us.

 

Remember the golden rule, you never trust a bank and don't believe anything they tell you.

 

ims

 

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ims21

ims21

Posted
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Hi

 

No the FSA don't take the complaint about PPI....fos do so it is they who you would contact and they can take the whole claim process over for you. Make sure you let them know of the false information given to you by the bank. If you do go to fos then be prepared for a long wait as they are overwhelmed by PPI complaints at this time.

 

The other approach you might take is a strongly worded letter to the bank telling them that they have failed to comply with the PPI time limits laid down by the FSA and remind them that a SAR request in no way interferes with the processing of a ppi claim.

 

Ask them to explain themselves to you in writing as to why they feel that a SAR delays the processing of a PPI claim becasue you will want to put their response in a complaint to fos.

 

If they have failed to comply with the SAR after the failed SAR letter then you should lodge a complaint with the ICO. Also write to the bank and tell them that you have done so. You can make this a "letter before action" and give them 7 days to provide the data failing which you will be issuing proceedings through the courts to force compliance.

 

ims

 

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  • 2 weeks later...
doo

doo

Posted
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GOOD NEWS my claim has been upheld, cheque received on Thursday. Although Barclays took more than 90 days to send SAR, eventually received last week, my claim went through without a hitch and cheque amount was pretty much spot on, so am very happy.

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