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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.

Anyone claimed against NTL?

RG001

By RG001
in Other Institutions

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RG001

RG001

Posted
Posted

Question in the title really! I've noticed a few charges, just wonder if anyone has claimed against them.

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Boobaby

Boobaby

Posted
Posted

No, but I'm going to...

Non direct debit handling charge

Late payment charge

Service disconnection (not had one but I know they charge £20 for flicking a switch etc....

Let us know if you do!

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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RG001

RG001

Posted
  • Author
Posted

I've got a few late payment charges, didn't realise I could claim for the non DD charge too!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Boobaby

Boobaby

Posted
Posted

Worth a try, why should they charge for something that they're not even doing i.e. - not collecting a DD?

My feelings anyway?

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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RG001

RG001

Posted
  • Author
Posted

Very true, very true! I'm going to phone them tomorrow, see if they will send my statements out without me having to write to them!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Boobaby

Boobaby

Posted
Posted
Boo i'm not sure about claiming the non dd charge at present!

I have however drafted a letter to the OFT complaining of this very thing, maybe if enough of us wrote in they might sit up and take notice eh?

Thanks Cillitbanger wasn't sure about that particular charge that's why I put "my opinion". My reasoning behind that thought was the basis on which this site works up i.e. disproportionate charges! Why should NT(hel)L charge £2.00 every bill (monthly) for something they've NOT done, not even sent a letter.

 

I have set up a DD with NTL three times this year.

 

1. They went into my account twice in the one month and took the same amount twice! - cancelled

2. Set it up again thinking they're not going to make the same mistake! I was right but they made another instead. Did not take DD as they'd told me my bank had cancelled the DD before it had been set up!!!! (spoke with my bank who asked why would they do this?)

3. Set it up again last month - did not take it, had no record of it, then started bombarding me with phone calls about unpaid bill etc....

They are such a nightmare to deal with.

I had a bill last month for £95.00!!!!!!!!! I never use the phone, yet I have £43 worth of calls to an 0901 number on the one night I was home alone and it was after 1.00 in the morning!! I have spoken with them and they've told me they've checked the line - no fault and they've sent out an engineer still no fault! Therefore I have to pay the bill, surely this can't be right?

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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joebloggs

joebloggs

Posted
Posted

What may be a better way fo delaign with NTL is not going down the claims route, i say this based on my experince where i ended up owing them around £100.00.

I rang to challenge their claim about the bill, told them i would pay and was closing my account for Tv phone and broadband.

Within 15 minutes they paid my bill, reduced my broadband package costs by 50% fro the next 6 months and will be looking at reducing the TV package costs in order to keep me as a customer.

Sometimes it is better to attempt to work out an agreement with them informally then go down the big stick route if needs be

I love the smell of banks coughing up refunds early in the morning

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carolbl

carolbl

Posted
Posted

I had trouble with NTL when I moved. As it was a council exchange I could not give them one month's notice to cancel but they wanted the month's payment. They kept sending me bills and I refused to pay.

 

I then received a letter stating they were going to issue in Court, I said "go ahead, be my guest". They didnt issue and they have stopped pestering me

 

Carol

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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RG001

RG001

Posted
  • Author
Posted

Still umming and Ahing about this one. I might wait and see what happens with my other claims first!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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doyin22

doyin22

Posted
Posted

Just came across this. I've had problems with NTL and had to cancel my direct debit as they were alwways overcharging me so now they add more fees each month for Non direct debit handling charges (£4 a month) and Late payment charges back.

 

I've send in a Prelim letter to NTL asking for it all back. Will update when i hear.

NORTHERN ROCK COURT FIGHT PAID

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/54502-urgent-court-advice-northern.html

 

Halifax Mortgage PD

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/36851-new-claim-halifax.html

 

B & M Mortgages SETTLED

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/34495-mortgage-charges-vacating-fee.html

 

CAPITAL ONE - settled

http://www.consumeractiongroup.co.uk/forum/capital-one/32675-help-capital-harassment-default.html

 

Abbey SETTLED

http://www.consumeractiongroup.co.uk/forum/abbey-bank/33634-help-mcl-against-abbey.html#post312624

 

Won - BOS Settled £2517

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/36132-against-bos-2190-a.html

 

 

Won - Blackhorse Car FInance - settled £245

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=37398

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