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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.

Bookworm v Halifax - RESULT at last!!!!

Bookworm

By Bookworm
in Halifax and IF successes

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Bookworm

Bookworm

Posted
Posted

And to be posted tomorrow.

 

This one is fairly small, £ 90 as of now, + £ 28 they intend to take off my account on the 28th , but I got really p****d off, as it was their 1st charge that then caused me to go over a 2nd and 3rd time, which begat the £ 28 monthly charge.

 

I'll let you know how it goes, but by reading through forums, I gather Halifax are one of the tough nuts?

 

xxx

ML

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Bookworm

Bookworm

Posted
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And to be posted tomorrow. :evil:

 

This one is fairly small, £ 90 as of now, + £ 28 they intend to take off my account on the 28th :roll:, but I got really p****d off, as it was their 1st charge that then caused me to go over a 2nd and 3rd time, which begat the £ 28 monthly charge.

 

I'll let you know how it goes, but by reading through forums, I gather Halifax are one of the tough nuts?

 

xxx

ML

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BankFodder

BankFodder

Posted
Posted

I don't think that ther are any tough or soft nuts as far as their policies go. This has been because up until now they have had no policies.

I think that hard or soft has merely depended upon the peronality or expereince of the person you happen to have dealt with.

 

I'm sure that this will change very soon and you will find that there is a uniform hardening and a uniform approach.

 

I fully expect that anyone who threatens legal action against their bank will have their account closed.

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BankFodder

BankFodder

Posted
Posted

I don't think that ther are any tough or soft nuts as far as their policies go. This has been because up until now they have had no policies.

I think that hard or soft has merely depended upon the peronality or expereince of the person you happen to have dealt with.

 

I'm sure that this will change very soon and you will find that there is a uniform hardening and a uniform approach.

 

I fully expect that anyone who threatens legal action against their bank will have their account closed.

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BankFodder

BankFodder

Posted
Posted

I didn't mean, now. I meant that in the not too far off future, I expect that this will become the standard approach of the banks

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BankFodder

BankFodder

Posted
Posted

I didn't mean, now. I meant that in the not too far off future, I expect that this will become the standard approach of the banks

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Bookworm

Bookworm

Posted
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Well, I'd hate to be their guinea-pig! :lol:

 

Seriously, though, it does raise the question of "Where to next then?"

 

If we accept that the banks all share info (and does anyone believe they don't?), what will happen to the poor sods (us!) who have dared going against every institution that has f... sorry, charged them? Should we all open a dozen bank accounts and keep a fiver in it just in case? :shock:

 

xxx

ML

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Bookworm

Bookworm

Posted
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Posted

Well, I'd hate to be their guinea-pig! :lol:

 

Seriously, though, it does raise the question of "Where to next then?"

 

If we accept that the banks all share info (and does anyone believe they don't?), what will happen to the poor sods (us!) who have dared going against every institution that has f... sorry, charged them? Should we all open a dozen bank accounts and keep a fiver in it just in case? :shock:

 

xxx

ML

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BankFodder

BankFodder

Posted
Posted
Should we all open a dozen bank accounts and keep a fiver in it just in case? :shock:

 

xxx

ML

 

Yes

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BankFodder

BankFodder

Posted
Posted
Should we all open a dozen bank accounts and keep a fiver in it just in case? :shock:

 

xxx

ML

 

Yes

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gomadnomad

gomadnomad

Posted
Posted

I was thinking about this over the weekend and went to open a rbs account today just in case......then I thought that keeping my cash under the mattress isn't as daft an idea as it seems. Perhaps society in general would be a whole lot better were it not for the parasitic financial institutions associated with debt!! Oh but then I forgot that I have to have a mortgage!!!

Thats 4 in the BAG!!!!

(£509.60amex..£396.31 Halifax credit card....£768.47+£783.99 Halifax current account)

so crooked they use a corkscrew for a ruler!(allegedly)

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gomadnomad

gomadnomad

Posted
Posted

I was thinking about this over the weekend and went to open a rbs account today just in case......then I thought that keeping my cash under the mattress isn't as daft an idea as it seems. Perhaps society in general would be a whole lot better were it not for the parasitic financial institutions associated with debt!! Oh but then I forgot that I have to have a mortgage!!!

Thats 4 in the BAG!!!!

(£509.60amex..£396.31 Halifax credit card....£768.47+£783.99 Halifax current account)

so crooked they use a corkscrew for a ruler!(allegedly)

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Frugal Fox

Frugal Fox

Posted
Posted

Hi Bookworm,

 

Well done - I've just sent off my first stage letter, only I'm asking for a lot more (oopps - my head was in the sand for too long). I've just opened a basic account with the Co-operative bank, and I plan to just keep a little in there, just in case...

 

Good luck

 

FF

x :wink:

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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Frugal Fox

Frugal Fox

Posted
Posted

Hi Bookworm,

 

Well done - I've just sent off my first stage letter, only I'm asking for a lot more (oopps - my head was in the sand for too long). I've just opened a basic account with the Co-operative bank, and I plan to just keep a little in there, just in case...

 

Good luck

 

FF

x :wink:

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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  • 2 weeks later...
Bookworm

Bookworm

Posted
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Posted

Dear Mr & Mrs xxx

 

F*ck off.

 

Sorry, I'm paraphrasing... :oops:

 

What it actually says is:

 

"Further to your recent enquiry I regret to advise you that. having fully considered your request, we are unable to make a refund of the charges applied to your Bank Account.

 

If you would like any further information, please contact us on the above telephone number or call into your local branch."

 

And that's it. The arrogant so-and-so are not even attempting to justify their actions anymore! :evil:

 

To top it all, they have taken too much on my insurance, which took me over my limit, and they have now charged me another £30 + £28 plus the £30-odd overpayment on the insurance which is THEIR mistake? And I'm supposed to pay it all? I think not...

 

Well, I was going to file for £90, it just will have to be for more than that then, won't it? Grrr...

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BankFodder

BankFodder

Posted
Posted

So, letter before action?

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BankFodder

BankFodder

Posted
Posted

Don't bother to put without prejudice at the top of your letters unless you are writing something which you really don't want brought to the attention of the court.

 

I would have thought that "with extrem prejudice" might normally be more apt

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Bookworm

Bookworm

Posted
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Posted

Well, there's the answer to my own question...

 

Bearign in mind that I should have filed claim 2 days ago (my own fault, and there's me telling everyone to stick to their timetable, lol) I have just received a letter! from THEM!

Bated breath, heart beating faster, I rip it open... Have they given in?

...

 

Have they buggery:

 

"Customer Service Complaint Ref xxx

 

Dear so and so,

 

Thank you for your recent letter. I was sorry to learn that you are unhappy with the service provided by the Halifax.

 

We are keen to deal with your concern and are currently investigating your complaint.... yadda-yadda-yadda.... "

 

Unbelie-f*cking-vable.

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Bookworm

Bookworm

Posted
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Posted

Ok, I'm thick. Or confused. Or both.

 

Filling Moneyclaim form now:

 

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxxxx to xxxxxxxx of xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. "

 

What rate would that be? 8% as well?

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BankFodder

BankFodder

Posted
Posted

It is referring to the actual amount per day.

So it might be at a daily rate of .97 pence

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