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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.

opos.ignoring me, what do i do?

liz01

By liz01
in Minicredit /Minicashloans

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liz01

liz01

Posted
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The overdue charges you can ignore. As well as all that extra interest. You also need to ask why you only received 80 out of the 100. if they give you any bull about transfer fees, simply pop into your bank and ask them what they think.

 

thanks renegadeimp, am drafting an email ready to send in morning to say i wont be paying those extra fees and will only pay the initial loan plus one months interest and one default fee of £25?? i will then start to pay what i can afford each month until the amount is paid that i think should be paid? have said take me to court would relish showing the judge, would they take me up on my offer??!!

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renegadeimp

renegadeimp

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The court wont take sides. It looks at the evidence presented before it and makes a judgement based on that. Thats why it is so important people get full complaints in and keep a clear and full papertrail. PDL's dont care about law or regulation, they even lie right to the face of a judge in court.

 

Even if you do lose ( unlikely as opos rarely take people to court), the judge would make an order based on your I&E forms. They might even drop it to £1 a month for the forseeable future if you have a few high priority debts

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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liz01

liz01

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The court wont take sides. It looks at the evidence presented before it and makes a judgement based on that. Thats why it is so important people get full complaints in and keep a clear and full papertrail. PDL's dont care about law or regulation, they even lie right to the face of a judge in court.

 

Even if you do lose ( unlikely as opos rarely take people to court), the judge would make an order based on your I&E forms. They might even drop it to £1 a month for the forseeable future if you have a few high priority debts

 

WELL would you believe it, after several exchanges of emails the last 2 days, and me NOT backing down and prepared to go to court, (they would be unlikely to do this!) they have now agreed the initial loan, one months interest and one £25 fee!!! and i get to pay it monthly and no set months to pay it in!!! hopefully complaint to OFT helped too,although it will be paid asap! so from over £1000 for a £100 or should i say £80.50 loan, a few months ago, i now have to pay just over £150! brilliant. thankyou all so much for all your help. Now to tackle a couple of other small non priority debts and im sorted! and can now concentrate on my illness and hopefully getting better.

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renegadeimp

renegadeimp

Posted
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Theyve probably read this thread as we know they are regular viewers of this site. Im very happy for you finally managing to get the PDL to see their wrongdoings.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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liz01

liz01

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Theyve probably read this thread as we know they are regular viewers of this site. Im very happy for you finally managing to get the PDL to see their wrongdoings.

 

thank you renegaimp, i did think that they may well read the comments, thank you for all your help, much appreciated.

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renegadeimp

renegadeimp

Posted
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I almost forgot the most important thing....

 

 

 

 

 

 

 

 

 

 

 

... :whoo:

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 4 weeks later...
renegadeimp

renegadeimp

Posted
Posted

Any reason why you bumped a resolved thread MangoMarch?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

It would be serve your purpose more if you created a new thread with the contact details instead of posting in a random one which will just die again.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 months later...
swanseastar79

swanseastar79

Posted
Posted

How and what have you said to get them to drop this. I took out £150 few years ago and suddenly I owe them over £1000!

 

cheeky bastards they are. I need some help with this. I am however paying them £5 a month currently.

 

Thanks Lee

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