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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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      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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BRIGADIER2JCS

BRIGADIER2JCS

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Couldnt the forum undertake a mass complaint directed towards the FCA. It may have more clout towards sorting these people out once and for all.

I have in the past collected an collated numerous letters/e-mails etc., and have passed them on to the OFT and its successor.

 

 

I'm happy to do it again and can provide a dedicated e-mail address for users to send copies of document.

(that is of course CAG admin approves)

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fletch70

fletch70

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It must be a huge task but sadly the OFT FCA seem to have little will to do anything about it.

Of course separate complaints may have more effect as you have to sign complaint forms and put real details as opposed to user names

 

That is not to dismiss the effort that was put in before

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

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It must be a huge task but sadly the OFT FCA seem to have little will to do anything about it.

Of course separate complaints may have more effect as you have to sign complaint forms and put real details as opposed to user names

 

That is not to dismiss the effort that was put in before

 

 

We have a distinct opportunity here with companies operating on "interim permissions" which means a review of licences is in the offing.

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BRIGADIER2JCS

BRIGADIER2JCS

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In 2011 I had an account with WDA which defaulted . During various conversations with them and while there was an ongoing dispute they added over £400 of charges and sold the debt to MMF. Eventually after the BCCA became involved they cut the alleged debt to £450 (from £1300 ) and recalled it from MMF . I have this in writing. Today I noticed on Noddle that MMF have registered a default dated 2011 for 1316 against my name. What is my best approach . I already have ongoing complaints with the CSA?Fos/Fos/Ico about another complaint with them for a different PDL. They have only updated the file from June 2014 , prior to that there is nothing at all

 

I have no issue with the default per se , it is with MMF

 

If its been recalled to the OC MMF are acting in a vexatious manner, personally I would make a formal complaint to the CRAs data control director copy to Neil Petty (by name and nature imo).

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fletch70

fletch70

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Thanks Brig

I have complained to Noddle and also written a letter that I will send signed for . I strongly suspect they are acting , as you say, in a vexatious matter. I will post the letter to the Data controller and email the usual suspects with a disclaimer that the email is NOT to be used for replies .

Do you think that sounds reasonable?

 

I know this is one of your specialities

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

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Thanks Brig

I have complained to Noddle and also written a letter that I will send signed for . I strongly suspect they are acting , as you say, in a vexatious matter. I will post the letter to the Data controller and email the usual suspects with a disclaimer that the email is NOT to be used for replies .

Do you think that sounds reasonable?

 

I know this is one of your specialities

 

 

Not the first one I've seen this week and it's only Tuesday!

Keep the pressure up!

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fletch70

fletch70

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Brig

Do complaints with the ICO influence anything?

 

Obviously , in someways it would be better if they didn't sort it out as I could then go to the FOS etc . My credit is shot to sh1t anyway although I was due to be down to fewer defaults this year, two more added by our dear friends.

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

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Brig

Do complaints with the ICO influence anything?

 

Obviously , in someways it would be better if they didn't sort it out as I could then go to the FOS etc . My credit is shot to sh1t anyway although I was due to be down to fewer defaults this year, two more added by our dear friends.

 

 

Unfortunately the ICO takes " views" on matters and relies on deciding on breaches of its principles .

Often vague, stating what it may expect to happen without any enforcement being available to make something happen.

e.g. Providing an agreement with a SAR.

 

 

No " resolution" in 56 days go to FOS anyway!

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fletch70

fletch70

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Well MMF as usual are following their own complaints procedure to the letter I don't think. No acknowledgement of to my complaint which they received by email on 12th and by post on 14th. According to their complaints policy they will try to fix it it 1 working day and if not reply within 5 working days haha bloody ha. I will give t a few more days then it will be off to the CSA and in 6 more weeks off to the FCA

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

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Well MMF as usual are following their own complaints procedure to the letter I don't think. No acknowledgement of to my complaint which they received by email on 12th and by post on 14th. According to their complaints policy they will try to fix it it 1 working day and if not reply within 5 working days haha bloody ha. I will give t a few more days then it will be off to the CSA and in 6 more weeks off to the FCA

 

 

I thought the complaints procedure was more than a little "optimistic" in regard to the time scales claimed, little hope of any being met.

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fletch70

fletch70

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Update

Finally an acknowledgement from the Fos that they have asked MMF for the details

Almost certainly in the first instance they will not uphold my complaint but I will then escalate it

Any opinion I give is from personal experience .

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fletch70

fletch70

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Interesting email from the CSA

Still claim that they were right to enter the WDA default on my file (although they bought it in 2012 and did not enter it until 2014) and the reason they did not answer me was because they had received official communication from the Fos and ICO

However as a gesture of good will they are removing the default and writing off the accounts

Any opinion I give is from personal experience .

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
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Interesting email from the CSA

Still claim that they were right to enter the WDA default on my file (although they bought it in 2012 and did not enter it until 2014) and the reason they did not answer me was because they had received official communication from the Fos and ICO

However as a gesture of good will they are removing the default and writing off the accounts

 

 

 

Good result Fletch!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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