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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.

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      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.

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citizenB

citizenB

Posted
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orfoster, JIC you are not receiving my responses to your messages.. I am indeed receiving yours.. I will send S.O.S to the techsperts :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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orfoster

orfoster

Posted
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Posted

Thanks, I haven't received any messages from you, or anyone else in my inbox for a long time (years).

Cheers

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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citizenB

citizenB

Posted
Posted

Hmm, well I received 2 from you, but you have not received my responses. I don't think it can be because your box needs dusting else I would have received a message to say it "couldn't" be sent because it was full. So I don't know what the problem is. Anyway, the techies will have a look at it for you :)

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5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

citizenB

Posted
Posted
Looks good to me.

 

I will ask andyorch to advise on your "plan", although I personally see nothing wrong in this :)

 

andyorch has confirmed there is nothing wrong with your plan :)

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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orfoster

orfoster

Posted
  • Author
Posted

Thanks. Letter sent, let's see how they play it. At the end of the day they're gonna have some explaining to do in court if they don't settle. Will keep you updated.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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citizenB

citizenB

Posted
Posted

Orforster, I have responded to test pm - hope you have received it :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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orfoster

orfoster

Posted
  • Author
Posted

Nope :(

I'll try turning it off and back on again.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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citizenB

citizenB

Posted
Posted

Righto.. I have responded. If it doesn't work this time, I will send another S.O.S. to webby for you :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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orfoster

orfoster

Posted
  • Author
Posted

Nope no message.....Thanks CitizenB

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

orfoster

Posted
  • Author
Posted

Hello,

 

Well SCM have not responded and are basically delaying "due to leave of caseworker" etc.

 

I'm going to have to make the application now to amend the claim and proceed, although the hearing is set for 29 January.

 

In the application (N244) I am putting the request and reason as ;

 

That the Claimant be allowed to serve upon the Court and the Defendant an amended Statement of Case and that the Defendant be allowed to submit an amended Defence.

 

The Defendant confirms that he has no objection to this amendment and has already been served with the draft amended statement of case.

 

This request is made to due further relevant matters that should be included and expanded upon within the claim, these issues have recently come to light.

 

I haven't proposed to enclose a draft order (should I?)

 

I am expanding with the evidence box and putting;

 

The Information Commissioner has provided its clarification that the Defendant is unlikely to have complied with the principles of the Data Protection Act 1998, by the way in which he has processed the Claimants information by registering a "default" marker on the Claimants credit file.

 

The Claimant therefore seeks in accordance with the Data Protection Act 1998.

1. Compensation in accordance with s13 of the act.

2. An order in accordance with s14 of the act.

 

I would then supply the amended POC's with the required highlighted bits in accordance with the CPR.

 

Is this ok? Should I be drafting an order or expanding further?

 

It is still possible a settlement may occur when the caseworker returns from leave on 5 Dec but I'm not delaying this any longer.

 

Cheers

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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AndyOrch

AndyOrch

Posted
Posted

I would attach a Draft Order orfoster

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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orfoster

orfoster

Posted
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Posted

Ok. Does anything else need to be included? I imagine the hearing will need to be rescheduled as well but do I put this in the application?

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) the amended Particulars of Claim.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve upon the Claimant and to the Court;

a) the amended Defence.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

orfoster

Posted
  • Author
Posted

Costs?

Do you mean that each side meets their own costs?

I have thought about amending the total claim to include DPA damages as decided by the court. Would a fee be paid less what I've already paid for issuing the claim or is it all to be paid again? When I called the court they just said its £45 to make the application.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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AndyOrch

AndyOrch

Posted
Posted

No request costs at the end of your draft .....costs in applications are separate to costs in the case

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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orfoster

orfoster

Posted
  • Author
Posted
No request costs at the end of your draft .....costs in applications are separate to costs in the case

Really sorry andyroch I am feeling a bit dim. I should request that the Defendant meets costs of the application? Sorry, could you explain? Cheers

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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AndyOrch

AndyOrch

Posted
Posted
Really sorry andyroch I am feeling a bit dim. I should request that the Defendant meets costs of the application? Sorry, could you explain? Cheers

 

 

Yes your costs in the application

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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orfoster

orfoster

Posted
  • Author
Posted

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) the amended Particulars of Claim.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve upon the Claimant and to the Court;

a) the amended Defence.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

3. The Claimant requests costs in the submission of this application.

 

Is that all it needs?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

orfoster

Posted
  • Author
Posted

Hello,

Do you think I should now leave the damages up to the court in relation to the DPA breach?

If so what fee may be involved?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

orfoster

Posted
  • Author
Posted

Have just today seen that Lloyds have changed the date the default was applied to my credit report.

 

From December 2010 to September 2009,

 

they've not written to me to confirm this at all they've just done it, this is following the ICO complaint outcome.

 

Should I still submit amended POC's?

 

I assume the damage had already occurred as I have evidence of the first and now evidence of the change.

 

I guess I remove the s14 DPA request for an order to put it right and just claim for inaccurate information?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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AndyOrch

AndyOrch

Posted
Posted

If you could point me to your final particulars of claim that you submitted...need to check the detail orfoster

We could do with some help from you.

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orfoster

orfoster

Posted
  • Author
Posted

Hi Andy,

Here are my initial POC's that went in...these aren't the proposed amended ones.

Thanks for looking.

 

[ATTACH=CONFIG]47991[/ATTACH]

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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AndyOrch

AndyOrch

Posted
Posted

Yes I would request damages the court deems fit.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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orfoster

orfoster

Posted
  • Author
Posted

Thanks. And leave everything else as it is. Just expand upon the rest?

Grand. Thank you. I'll get application in on Wednesday.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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