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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.

scared stiff!!! ** WON **

Hayleytin

By Hayleytin
in Halifax and IF successes

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Angi

Angi

Posted
Posted

Hiya Hayley

Ohhhh good for you, Now stay calm, dont worry to much, you will do great.

By the way....mines Vodka & Coke ;) lol(when you win :lol: )

Keep me posted ok

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hayleytin

Hayleytin

Posted
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Posted

Right, thurs 9th I got my letter from the court with my claim number and also telling me my claim is deemed to be served on the 9th. Got a letter from Halifax today ( sat 11th ) saying my statements have been ordered and will be sent under separate cover!!:o :-? :-? Bless em, think they must be overworked at the minute.

*Hayley*;)

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sallysas

sallysas

Posted
Posted

Going back a few threads your sister's claim came to under £5000 before 8% charges added. The 8% is not counted by the court, it is just added on afterwards so her claim is fine. I know what I mean but have I made myself understood?

 

 

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nwuk

nwuk

Posted
Posted

Submitted my MCOL yesterday, so watching yours closely :)

 

Steve

Claim against Halifax for £2236 plus interest.

 

04/09/06 - Requested statements via phone quoting Data Protection Act. Charged £5.

14/10/06 - Statements arrived.

17/10/06 - Prelim letter sent giving 14 days.

23/10/06 - Received letter dated 19th Oct confirming receipt of prelim letter.

31/10/06 - LBA sent recorded delivery. Signed for 02/11/06

02/11/06 - Phone call with offer of £675 - thanks, but no thanks.

03/11/06 - Letter received conforming offer. Replied with an "accept as partial settlement" letter.

13/11/06 - MCOL - £2236 + 8% interest £417 + 49p per day :D

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Guest bluecloud

Guest bluecloud

Posted
Posted

You still going? Blimey girl, they really are making the customers wait?

 

Have you heard from the Courts re dates, if not it may be worth giving the Court a nudge.

 

 

.

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hagenuk

hagenuk

Posted
Posted

Hayley, the Court will send you a notification that an Acknowledgement of Service has been filed and that Halifax intend to defend the claim.

 

This is quite normal. Then you will probably receive a defence from the Halifax and the Court will also send you a copy. Again, this is quite normal.

 

When that happens, let us know and we can advise you further.

 

The good news is, you're getting close...

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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zsazsa

zsazsa

Posted
Posted

Hi Hayleytin! I'm a couple of days behind you with the filing, but I did mine online. The length of deemed service on mine seems to have been a bit slower & Halifax have until 28/11 to reply - so I'll be keeping track of how you go too - GOOD LUCK!

 

The offers of settlement Halifax send out seem so random it's untrue - my claim is for a little over £1600 (plus the 8% interest now going up daily) & they offered me £973.00 just before lba stage - which I refused except in part-settlement & then they told me to sod off we won't give you any now! All just scare tactics, so stick in there.

 

I was initially frightened to death at the very real possibility of going to court when I started getting copies from Court - but OK now. Hey! If they want me to be a test case I'm sure I'd lack nothing in support & this forum alone would take great pleasure in rallying around. Reading everyone's threads are very comforting, so if you need an moral at all drop me a line, pm whatever!

 

POWER TO THE LITTLE PEOPLE! What happened to the adage of the customer always being right?!

Zsazsa x

HSBC S.A.R - (Subject Access Request) 24.08.06

HSBC WON £3608.05 inc court costs DONATION MADE

 

Halifax S.A.R - (Subject Access Request) 24.08.06

Halifax WON £1909.39 inc court costs DONATION MADE

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Springer

Springer

Posted
Posted

Hi Hayletin

 

I'm a few days ahead of you and am posting updates on my thread (New Halifax Action). I will keep watching your now, and I know Willmurr is almost on the same time frame too.

 

I hope they don't keep us waiting too much longer. I've got some Xmas shopping to do!!

 

xox

Springer :p

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Hayleytin

Hayleytin

Posted
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Posted

Right, have spoken to halifax and they have not recieved anything to do with my claim. Spoke to really helpfull woman who said she would ring the court and get them to fax a copy of the claim to her so she can acknoledge it, then said she would be in touch.

*Hayley*;)

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zsazsa

zsazsa

Posted
Posted
Right, have spoken to halifax and they have not recieved anything to do with my claim. Spoke to really helpfull woman who said she would ring the court and get them to fax a copy of the claim to her so she can acknoledge it, then said she would be in touch.

 

Hayley!

 

If Halifax don't respond within 14 days after the court says they're deemed to have been served, you can ask for judgement by default in your favour. To my mind I'm thinking this might be better anyway (it's the coward in me!), if Halifax acknowledge they then get 14 days extra to come up with a defence & you end up waiting longer still.... plus you're likely to have to pay another £100 when you fill in an AQ form from the court regarding your claim......

 

I'd let sleeping dogs lie & go for the silent judgement by default if it were me...

Zsazsa x

HSBC S.A.R - (Subject Access Request) 24.08.06

HSBC WON £3608.05 inc court costs DONATION MADE

 

Halifax S.A.R - (Subject Access Request) 24.08.06

Halifax WON £1909.39 inc court costs DONATION MADE

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hagenuk

hagenuk

Posted
Posted
Hayley!

 

If Halifax don't respond within 14 days after the court says they're deemed to have been served, you can ask for judgement by default in your favour. To my mind I'm thinking this might be better anyway (it's the coward in me!), if Halifax acknowledge they then get 14 days extra to come up with a defence & you end up waiting longer still.... plus you're likely to have to pay another £100 when you fill in an AQ form from the court regarding your claim......

 

I'd let sleeping dogs lie & go for the silent judgement by default if it were me...

Zsazsa x

 

It might give you a feeling of immense satisfaction to go for a default judgement, but it will be shortlived.

 

Halifax will almost certainly file for a set aside and you will have just bought yourself delay of several weeks.

 

A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside, which they are almost certain to do.

 

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

 

 

Dear

 

Claim Number 6XX00000

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will enter Judgement in default.

 

Yours sincerely

 

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Hayleytin

Hayleytin

Posted
  • Author
Posted

Halifax told me on Tues that they have now acknowledged my claim but the court havent logged it yet as they are 9 days behind with their paperwork!!!!! Am so stressed out with this, I am sure they wont pay me! I have come out in spots coz I'm stressed and I cant eat!!!! Just want this over.

*Hayley*;)

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willmurr6

willmurr6

Posted
Posted

Hi Hayelytin,still following your post with interest as we are still at about same stage,i still haven't had an acknowledgement from halifax they have until 30th to defend,going by other posts i thought i would have been settled by now,so you are saying you feel you could be the first to lose well i feel the excact same way.also regarding your spots i also have them as well,i am bothered with psoarisis haven't had it for about 14yrs had to pay doc a visit on monday as it has all flared up due to stress and worrying about this i think,anyway i will keep following your posts and hope we have some good news soon.take care.

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Angi

Angi

Posted
Posted

:) Well Done You:)

 

Congratulations

 

:smile: Over The Moon For You:smile:

 

 

need I say I told you that it would not belong :razz: lol

 

enjoy your spending huni, you deserve it

 

Take Care

Angi xxx

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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hagenuk

hagenuk

Posted
Posted
I won!!!!!!!!!!!!!!!!

Money was in at 9.30 this morning. Just under 4900.

Thank you everyone , especially bluecloud and angi. Will post again later, need to start xmas shopping!!!!!!! Yay me!!!!!!!!!

 

CONGRATULATIONS HAYLEY!

And I won't say it - but you know I should...

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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