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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.

Moneyclaim here I come **ANOTHER WON**

kotum45

By kotum45
in LloydsTsb Successes

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kotum45

kotum45

Posted
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Posted

Thanks for all your comments and good thoughts.

I have today received a defence from Lloyds. However, even though it is the same defence they used agains other claims, it seems to be filed by different solicitors. The name of the company is: Sechiari Clark & Mithcell.

They claim that there is no breach of contract and it is a service.

So I am going to read further and do some research. If anyone has any good source of info please let me know....

I should change the title to "courts here i come".

It is good to know I am not alone, I was being paranoid :)

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wolfcub

wolfcub

Posted
Posted

Hi Kotum,

 

Hows your case? Just filling in Court Allocation Questionnaire - what did you put inh the section "Other Information"?

 

Appreciate your help.

 

Cheers

Wolfcub

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Lorraine

Lorraine

Posted
Posted

Hi,

 

Lloyds have said they are going to fight my case -different solictors to yours though. They acknowledged my claim and have up to 28th May - Not sure where I go from here. Just thought since you have a step ahead - any comments. Do I wait to get a questionnaire? from Lloyds. Really appreciate your help.

 

Lorraine

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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kotum45

kotum45

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Sorry I haven't logged in for a while.

 

 

Lorraine, they are soon going to submit their defence and you will receive an allocation questionnaire shortly after that. I have sent mine recently, it is very easy and self-explainotary.

 

Wolfcub, I have left that part blank.

 

I honestly think these people are testing our nerves. Don't give up, they are going to wait until the last minute.

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kotum45

kotum45

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I have received Lloyds allocation questionnaire from their lawyers SECHIARI CLARK & MITCHELL. They are calling one witness to the court and in the "other information" section of the questionnaire they have stated:

 

"The defendant bank will reply on its Defenece filed on the 4th May 2006 together with supporting documentation in terms of the Bank Statements and Terms and Conditions that govern the Current Account that appears to form the subject matter of these proceedings."

 

Am I supposed to be scared. Are they stupid enough to think that after coming this far I am going to drop the case?

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philion

philion

Posted
Posted

Urgh 3 months, fairplay Lloyds are soo pointless!!!

Lloyds TSB - Data Protection Act sent 19/05/06, received 1/06/06

Pre sent 02/06/06 asking for £2501.06, received 13/06/06 Blah Blah Blah

LBA sent 20/06/06, received BLahblhALBhl

.....

Sent off AQ to the courts.....just waiting now

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Damon999

Damon999

Posted
Posted

I don't see why the banks want to drag it out so much when it's costing them 8% a day to do so. They must no no-one's going to drop a case whan they've paid up in advance and can't get a refund.:confused:

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Janet-M

Janet-M

Posted
Posted

They are using bully tactics as some people will drop out at each stage ,as they know,the longer they drag it out the more people drop their claims but I think the courts are starting to wisen up to this now .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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BankFodder

BankFodder

Posted
Posted

Well it will be very interesting to see what the witness statement has to say. you should get an advance notice of the statement. Let's hope that they are somebody who has direct knowledge of the banks charging systems and the way that they are designed so that they can tell the truth the whole truth and nothing but the truth.

It is probably all bluster by the bank -- but don't worry if it isn't then the bank will have a lot of explaining to do and if they lose -- as they most likely will -- it will be the end for their penalty charging scheme.

This is excellent news. Don't worry we will back you up

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BankFodder

BankFodder

Posted
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By the way, unless the bank dares to produces a witness somebody who has direct and current knowledge of the banks charging system and the way that costs a calculated, the witness will be useless.

 

It is quite clear that the courts are already deeply suspicious of the banks and their behaviour. I require sure that a judge would not stand any nonsense or any flannel or any "economy with the truth" by some bank employee.

The only way that the banks can stop the tide of claims against them is by producing a witness who will be prepared to say precisely the kind of thing which if the banks were only prepared to reveal exactly the same information generally, would put an end to all of their problems without any of the current litigation and scandal to which they appear voluntarily to be subjecting themselves.

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drrayjo

drrayjo

Posted
Posted

So am I right in thinking this is the first time a bank has 'threatened' to call a witness?

 

Is it likely to be just that, a threat, and just a new scare tactic or could it be the start of a new engagement with this issue and a real defence.

 

It's a shame we won't know for sure for another 2 months and 30 days (ish)!

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Janet-M

Janet-M

Posted
Posted

As BF has said you will get advance notice of the witness statement and you will be fully supported by this forum .It looks like bluff to me until such time as they produce a statement , in the unlikely even they do then please PM a mod to make us aware of it.

I don't want to answer on if you are the first to recieve this as I , personally,have not been looking around the forum myself that much lately as have been to busy with all the new members but I am sure someone will come along and answer this for you soon.

 

as for a 'real defence' there are no real defences to penalty charges .

 

Please do not let this un nerve you in anyway as this is what the bank would love.

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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kotum45

kotum45

Posted
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On their allocation questionnaire they are calling for 1 witness and in the explanation page they say that they will defend this case fully (along those lines). I am not scared at all. I would love them to go to court and loose as this will be the end of bank charges for everyone.

Thanks for all the support everyone.

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Janet-M

Janet-M

Posted
Posted

does it not name their witness on there ?

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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wolfcub

wolfcub

Posted
Posted

Hi Kotum,

 

I have court date of 6th Sept (same solicitor). They didnt state that they are calling any experts on mine. Strange since we're both about the same stage.

Think they are just playing with us.

 

Hang tight

Wolfy

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kotum45

kotum45

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i can only assume their witness is a bank employee who is going to come to court to lie and say their charges are not automated.

i am really annoyed because i know they will settle at the end but they are wasting courts' time and making profit out of my money as long as possible.

wolfcub good luck. it is good to know we are both at the same stage.

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kotum45

kotum45

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If Lloyds decide to wait up until the last minute to settle I will do my best for this thing to end up in court. The longer they wait the better as they will have less bargaining power.

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