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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.

Fizzbin vs The Bank; ** WON **

fizzbin

By fizzbin
in LloydsTsb Successes

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fizzbin

fizzbin

Posted
Posted

Hi All

 

Have just emailed the preliminary approach letter to my bank, not a hugh amount, but I don't see why they should be allowed to take it from me! I shall use this forum to keep you informed as to how my claim is progressing.

Regards

 

Phil

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fizzbin

fizzbin

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Thanks for the words of welcome, yes I have fully digested the FAQ and various other docs on the subject and am prepared to go all the way because I have lost count of the number of times that the bank has driven me into the red and bounced DDs' by applying their charges.

 

Anyway heres to a successful outcome :rolleyes:

Regards

 

Phil

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fizzbin

fizzbin

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Have now received the standard 'bugger off' reply which I have pasted below:

 

Re: Account Charges for Overdraft Excesses and Returned Items

Thank you for taking the time to contact us about your account.

I understand that

· You feel that the charges you have incurred are unlawful.

  • You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.
  • You have requested that all charges incurred should be refunded for the past 4 years.

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website.

For the vast majority of our customers banking with us can be completely free as charges are not made for services such as debit cards, cash machine withdrawals, balance requests, statements, cheque books and Internet banking. We also do not charge for processing Direct Debits and Standing Orders when they are paid through our customers' accounts.

One of the few services we apply charges for are when a customer does not have enough money in their account to meet payments they have requested us to make. If customers think they may exceed any limit they have, we urge them to contact us to discuss their requirements. Any requests for further lending are then assessed in line with our usual credit policy. Similarly, when we return an item, we are preventing a customer from exceeding their limit, and again as we explain clearly to our customers, this process incurs a charge

Typically, we do not levy customers an excess overdraft fee the first time they go overdrawn without agreement, as long as it hasn't happened in the past twelve months and we limit excess fees to a maximum of three occurrences in any one month.

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits and within the terms and conditions.

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements.

In case you haven't received a copy of our leaflet called 'How to voice your concerns' I've enclosed one with my letter. This tells you all you need to know about resolving your complaint with us.

If you are unhappy with my decision and feel that you have something to add which might change the outcome, please get in touch. If we cannot agree on a solution at that point, I will help you refer your complaint to the Financial Ombudsman Service for independent arbitration.

Yours sincerely

 

 

David Just

Assistant Manager

 

 

I shall now wait the allotted 14 days before I send them the letter before action.

Regards

 

Phil

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  • 2 weeks later...
fizzbin

fizzbin

Posted
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Sorry I have not around to update but I did receive the standard reply from Lloyds which I have pasted below.....

 

Thank you for your letter dated 25 April 2006. I am sorry to hear that you have not been happy with my response to date.

Unfortunately there is little I am able to add tomy letter dated 12 April 2006 and I am only able to refer you back tothe terms and conditions of your account, although I do respect youopinion about our charges.

This letter is the bank's final response, whichmeans that if you remain dissatisfied you may refer your complaint tothe Financial Ombudsman Service. If you decide to pursue yourcomplaint through the Financial Ombudsman Service you must do so within6 months from the date of this letter. I have attached, which outlineshow to contact them.

Yours sincerely

 

David Just

Assistant Manager

 

Oh dear......looks like another template reply.

Regards

 

Phil

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sweetcyanide

sweetcyanide

Posted
Posted

Eeek, good luck! I'll be watching with interest, as I'm just about to send off my LBA to Lloyds.....:-)

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

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fizzbin

fizzbin

Posted
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Have received the bank's defence today......exactly the same as most of those that I have seen, so I will now wait for the AQ to arrive.

 

Getting close to the end now!

Regards

 

Phil

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fizzbin

fizzbin

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AQ has now arrived and will be sent back to the court ASAP, quick question.....I noted that some people send a copy of the completed AQ to the bank, is this necessary?

Regards

 

Phil

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Taffoire

Taffoire

Posted
Posted

hiya Fizzbin,

 

I too have been wondering about sending the AQ to the bank and have read lots of threads about it. I've been told that you don't have to send it to the bank but it's better to for a couple of reasons; first is that you're covering your own back, and second is that it seems from other threads that if you send the copy to the bank's solicitors they can see that 1st hand you're not kidding here!

 

I'm awaiting Lloyds' defence right now but will be sending a copy of the AQ to the bank when it arrives.

 

Sorry this isn't a foregone conclusion but I hope it helps a little!

 

Taff

LLoyds TSB: took over 2 months :rolleyes:

but they gave in :lol:

and I got my cash back

 

all £1040 of it!

 

Capital one and MBNA on my hitlist .... stand by for action!!!

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fizzbin

fizzbin

Posted
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Morning All,

 

Just to let you know that I have received my settlement letter from the bank today, they have agreed to settle in full with very few conditions (not even an account review!). The only condition I will not accept is the one concerning confidence which will be struck out before the agreement is signed and returned.

 

Will let you know when the money is in the bank.....:-D

Regards

 

Phil

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fizzbin

fizzbin

Posted
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Hi Marlow,

 

When you go to Moneyclaim and fill in the form to start proceedings a payment is required, this payment depends on how much you are claiming and will be included in your costs which are added to the claim. I'm not sure about the scale of payment but in my case on a claim of £776.00 I had to pay £80.00. There is some info in the FAQs concerning this so I would suggust you have a look there.

 

Best wishes and good luck with your action.

Regards

 

Phil

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adamski

adamski

Posted
Posted

Hi

Weel done Fizzbin crongratualtions you are an inspriation to me, im chuffed for even though i dont know you.

In anwser to Marlows question im almost sure from what i read here that for a claim over £1500 it £120 to file a claim

Regards

adamski

 

 

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fizzbin

fizzbin

Posted
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Thanks to everyone and the site owners for all help received. I now have my money in the bank with little or no fuss and have made a donation to the BAG....

 

Best of luck to all those who are action in progress.

Regards

 

Phil

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Janet-M

Janet-M

Posted
Posted

CONGRATULATIONS

can I please ask you to take a minute to fill our survey in

 

Thank you for your donation this will go towards the running of the site so many more can also claim their bank charges back to :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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