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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.

PPI Claim

Carl_2012
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Carl_2012

Carl_2012

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I was wondering whether anyone could give me some advice. I lodged a PPI complaint on 4 loans and completed a Financial Ombudsman form to HSBC about 7 weeks ago. Today I received a telephone call today saying that they are still trying locate some the data in reference to the loans and that they will be in touch shortly.I was lead to believe that they have 8 weeks to resolve the issue, but to me it seems that they are someway short of meeting the timeframe. What should my next steps be?The loans range from the year 2000 and 2007, so I wouldn't imaging the data being that hard to find particularly during the latter years.

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ims21

ims21

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Yes they have 8 weeks to give you a final response. If they fail in this deadline you are free to get fos involved if you wish. A fos complaint will cost them £850.

 

If they fail at the 8 week time limit you could write them a final letter telling them that they have missed the deadline laid down by the FSA and if they do not resolve your complaint within 14 days then fos it is.

 

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ims21

ims21

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If it were me I would pass it to fos with a request that they have failed in their duty to treat you fairly in respect of the old paperwork an that fos should order them to make a reasonable estimate.

 

You might not be successful but you have to give it your best shot.

 

Court won't be an option since you would need evidence as the potential claimant.

 

If you haven't sent a SAR to the lender then that might be an idea too. There's a template in the CAG library (top left in green) which you can amend to suit. Add a line that says it is to include copies of all and any agreements you have ever had with them. Don't mention anything about wanting the SAR for PPI purposes though.

 

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