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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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      Hello,

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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.

TD v YB ***WON***

theodane
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theodane

theodane

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Phoned the court and they said it should say if I have to produce any paperwork but it doesn't. She then said if I wanted to bring along any paperwork I could but I had to serve copies of this on the other party. I think I'll get together a court bundle and serve this on YB as it will also show them I am determined to go all the way. Ok do you think?

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caro

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Seems a bit odd to me to be honest. There is no harm doing the bundle if you want to, but if YB aren't taking you seriously by now I don't think a bundle will make any difference.

 

What is this bit about.

 

Any application in the case must be made to the court where the case is to be tried

 

Which court have you heard from and which court is it to be tried at? The only cases where paperwork isn't necessarily needed that I've heard of are directions hearings at the Mercantile Court. If the Mercantile Court is involved I definitely wouldn't bother with a bundle, as your money is in the bag.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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theodane

theodane

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Doncaster county court. I forgot to ask about that bit. I didn't speak to the listing officer he was out of the office and had gone home by the time I rang back. I think I'll ring him in the morning as the girl I spoke to had to keep going off the phone to ask someonelse. Don't really want to do the court bundle unless I have to. I don't know about YB taking me seriously I can't understand how they can pay some out reasonably quickly and others are left waiting.

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caro

caro

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I'd lay odds that it is going to be transferred to the Leeds Mercantile Court in June as you are in Doncaster. Don't bother with the bundle, but if you want to know about the Mercantile Court there is a sub forum you could take a look at. This is looking very good.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

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You might have to go to Leeds. Last time (in April) they sent a barrister who asked for all the YB cases to be deferred until after the OFT report on charges, but the judge gave them short thrift so they coughed up. However one person didn't pay up and YB were awarded costs from them, so you can't be too laid back about it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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theodane

theodane

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You might have to go to Leeds. Last time (in April) they sent a barrister who asked for all the YB cases to be deferred until after the OFT report on charges, but the judge gave them short thrift so they coughed up. However one person didn't pay up and YB were awarded costs from them, so you can't be too laid back about it.

 

Sorry Caro I don't understand the bit one person didn't pay up. I caught the very end of this on our local news but didn't know what it was about and couldn't find anyonelse who had seen it. I'll have a look at the Mercantile thread. I can't believe all this for £505.00!! Someone elsewhere said that if it is transferred to Mercantile to ring YB litigation dept to tell them and then watch them panic and pay up ?!?!?

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theodane

theodane

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Spoke to the listing officer at the court and he didn't seem to think the case would be transferred to the Mercantile court at Leeds in fact he asked me what it was!!

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caro

caro

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Fair enough. You'll still get paid before court anyway so from your point of view it probably makes no difference.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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theodane

theodane

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Doing the court bundle today, do I do the latest schedule of charges with interest up to and incl. the court date?

 

Have downloaded the court bundle zip file and my printer is churning stuff out, is this correct to send all these case notes?

 

Can't link to the early day motion from the House of Parliament nor the OFT summary can anyone provide links here please?

 

Finally, can I print and send the Whistleblower document?

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theodane

theodane

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Offer received this morning for £505.00 being full amount of claim plus £80 court costs but no to 8% interest as they say this is only at the discretion of the court. Have to sign duplicate of letter and notice of discontinuance at court. Do I send all this back with rejection letter and hope they will pay court interest with no need for me to go to court please? Or do I now accept?

 

Hoping Sajabu2003 has an offer when she returns from her weekend break as YB received our court bundles on same day.

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twoofus

twoofus

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They recently did this with us and we rejected it, we've had to go to court to get our money back so there is no way we will settle without the 8% aswell. They no full well that the courts would award the 8% and its their last ploy to get out of paying you it.

 

Saying that, its your decision mate, but I'm almost certain you will get everything (including the 8%) that you have claimed before your court date.

 

Good luck

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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theodane

theodane

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Thanks Twoofus. I have been following your claim and so many others that I've started to get confused!! I'm wondering how to word my letter back to them to reject their offer and stick out for the interest. I'd hoped Caro would have been along as she has been soooooooo helpful in the past. I tried to pm but her mail box is still full. Good tactic for a bit of peace!!! I can't seem to find a template letter for this stage. Good luck with your claim. You said in the post that you'd been to court what happened please?

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theodane

theodane

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In their without prejudice letter they claim that they are only prepared to make the ex gratia offer as the costs of defending the claim will quickly become disproportionate to the sum claimed. I seem to have got an offer quickly from them receiving my court bundle on the 24th May. In my defence I referred to CYNTHESYS and the MP re charges plus McNamara plus all the other cases in the basic court bundle. What I'd like to do is send them a letter rejecting the offer and asking for the interest but, to which date, date of claim, date offer received or court date? I'd like to refer to the fact that they have had plenty of time to make an offer as they knew all along the costs of defending were disproportionate and I'd also like to bring in something about disclosing their actual costs. Can anyone help me in wording this letter or point me in the right direction please? I'm like so many others very unfamiliar with courts and just don't want to write the wrong thing. Thanks again to all who have been helping me.

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caro

caro

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I don't think there is a template letter. Just state that the the offer is not acceptable without all costs and interest until date of settlement, and you are willing to accept the courts judgment on this. You could set out the amount you need to settle something like this.

 

To date the total refund that I am seeking in order to settle this matter is as follows:-

 

Item

 

Charges Paid xxxxx

Data Protection Act fee 10.00

Court Fee xx.00

Allocation Questionnaire Fee 100.00

8% interest as at date of this letter xxxxx

 

 

Total to Date xxxxx

 

 

Interest will continue to accrue at the rate of xxp per day until settled. I realise that the section 69 interest is awarded at the courts discretion . The remainder of the claim is simply a reimbursement of monies that I have paid out, either in charges, or as a result of charges.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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theodane

theodane

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Sending off my rejection letter but have forgotten how I work out the daily interest rate, have done a few searches but nothings come up. Help someone please:confused: Think it is charges divided by interest, is this correct?

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