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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.

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      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.

Pogle v FD - moneyclaim filed!

Pogle

By Pogle
in First Direct

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Pogle

Pogle

Posted
Posted

So pleased I found this place!

 

I've sent off a request today for a list of charges since my account with FD was opened in 1999, (adapted the template from the library). I have most of my statements for that time, but unfortunately, it looks like the periods I don't have filed, are those where I was really struggling and would have racked up the most charges! :roll: (clearly I was burying my head in the sand good and proper at those times lol)

 

Using the spreadsheet from the library and the statements I DO have, I've calculated so far almost £1500 in charges since 2001! (some months I was being charged an overdraft fee of £30, plus an excess overdraft fee of up to £119!)

 

I've got my current account under control now, and haven't had a charge in almost a year, but it took me one hell of a long time to get to that point thanks to their excessive charging, and I am still in debt to the tune of around £7.5k on cards - so a refund of the charges would be most welcome to help pay these off!

 

Just wanted to say thank you to the guys running this site for bringing the case for demanding refunds to the publics attention really!

 

I'll keep this thread updated with how I get on too :D

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Pogle

Pogle

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Hokay... posted the request for charges/statements by recorded delivery on Friday. Got a letter from FD acknowledging my request on Tuesday (7th Mar) stating that the statements would be sent by courier in the next few days.

 

Then I was rudely awaken this morning by securicor, (although once I tiwgged what they were delivering, I didn't mind so much that it was only 7am :lol:) delivering a two inch thick wodge of statements.

 

Now... where did I put my highlighter?

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Pogle

Pogle

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Well, as I suspected, my initial calculation of £1500 was off... I've been through all the statements I received today, twice (just to be sure :lol:) and it comes to £2140 :shock:

 

Even I didn't think it'd be that much lol.

 

Off to draft my letter now :D

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Pogle

Pogle

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Had a standard 'we're sorry to hear you're unhappy, will respond to your complaint within 10 working days, blah blah' letter today.

 

If I've not heard within the 14 days I set them in my request for payment letter, they'll be getting the next one :D

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  • 4 weeks later...
Pogle

Pogle

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OK, after the 'we're sorry to hear you're unhappy' letter, I had two more (first one as a result of their 'investigation' into my complaint, and the second in response to my letter before action) drawing my attention to the terms of my account, blah blah. Standard letters.

 

I gave them until 10th April, which is this coming Monday, and although they've made it clear that they disagree with my claim, and consider their last letter to be their final say, I intend to give them until then before I file the claim. I am getting my stuff together to fill in the claim form online today, ready to file first thing Monday :D

 

Wish me luck... with interest etc, the claim will be in the region of £2700!

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Pogle

Pogle

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After letters flying back and forth, FD are still claiming that their charges are not unlawful. They had until today to pay up, and they haven't, so I filed the claim online this morning!! :D

 

£2813.55 in total, with interest and costs!

 

Wish me luck!!!

 

my previous thread

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vix2000

vix2000

Posted
Posted

Good luck, Pogle. Ours filed last week. Keep us posted.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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monkey_uk

monkey_uk

Posted
Posted

Bit of a bugger, but nothing to worry about.

 

I've merged the threads btw, please try and use one thread for your claim.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 12 years later...
Pogle

Pogle

Posted
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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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