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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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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

twinkle v Barclays ***SETTLED IN FULL***

twinkle
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twinkle

twinkle

Posted
Posted

Hi

My story so far is that my first letter went out to Barclays on the 1st April. I received the standard reply with a leaflet and a date of 6th May before any decisions would be made. My second letter went out on 14th April but I am a little nervous about how far they tend to go. Need some clarifying about my next step please. I will do this!

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Guest Lueeze

Guest Lueeze

Posted
Posted

Have you read the FAQ's?

 

It says that after the LBA give them 14 days then claim in court for the return of unlawful fee's....

 

Unfortunatly you will most likely need to put in a court claim before they will pay up...

 

Just be brave!

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Bookworm

Bookworm

Posted
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Welcome.

 

If your 2nd letter gave them 14 days, you have to wait it out.

 

Then you sue.

Well, unless they pay up first, of course, lol. That would just be mean otherwise. :D

 

Seriously. Stick to your deadline, not theirs. They will lead you all round the houses otherwises.

 

They might make a 1/2 price offer, Barclays seem to do that. It's up to you how you proceed from there. (Me, I'm a 100% kind of girl but that's just me, lol).

 

Keep us posted. Yes, you WILL do this. Read my signature, and learn as a mantra. ;)

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twinkle

twinkle

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Still waiting for reply from 2nd letter but it is early days. Just a query. In case I get their backs up too much is it worth opening another account somewhere? Has anyone had to do this? Thanks in advance

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Bovvered

Bovvered

Posted
Posted
Still waiting for reply from 2nd letter but it is early days. Just a query. In case I get their backs up too much is it worth opening another account somewhere? Has anyone had to do this? Thanks in advance
Always a good idea to set up a parachute just in case

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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coalfire

coalfire

Posted
Posted

As people keep telling me don't be scared. The worst they can do is loose you as a customer by shutting your account and thats how stupid they can be in the end you win as they don't get any more of your hard earned money.

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twinkle

twinkle

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The next step for me is to file a claim. Do I need to calculate the 8% at this point and add it to my claim? Also (sorry for being a bit dumb!) do I make the claim through the Moneyclaim website? I want to make sure I get it right. Cheers

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kaznelson

kaznelson

Posted
Posted

Yes work out your interest on the Excel Spreadsheet on the site

 

Add this to you claim & submit on the Moneyclaim site

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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twinkle

twinkle

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I'm a bit confused. I have sent my second letter via recorded delivery but have received no further reply from Barclays. Maybe I should bear in mind I hit two bank holiday (ha ha!) weekends in that time. Do I give them another couple of days and then file for claim or do I carry on regardless. I getting worried that I might be the one who loses. Any advice welcomed.

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dave

dave

Posted
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I getting worried that I might be the one who loses. Any advice welcomed.

 

Well, for one thing - you must believe that what you are doing is right, therefore, a judge should follow the same.

 

It's already been indicated by a judge in a 'set-aside' hearing that the bank would lose.

 

Also, even, in the very unlikely event that you would lose, you are still only be liable for the costs that you've incurred already - unless you do something drastic, which is not very likely to jeopadise the court/case.

 

I imagine that if you are claiming for charges, that the bank would have taken more than the court costs from you in charges, probably in one hit - certainly for me the costs were less than Abbey were taking from me each month, so I had to weigh up the pros and cons.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group 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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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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twinkle

twinkle

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Just thought I would keep you updated. Received a letter stating that my claim has been moved to my local court and enclosed a allocation questionaire form to be returned by the 2nd July with a court fee. Their defence seems to be the same as some previous posts and does go on a bit!

 

There are a few questions if someone could help me with; do I add the further court fee to my overall claim? Is it worth waiting until nearer the date to send the form in, as I may get a call (I hope!) with the full amount or do I try and contact Mr Jeremiah himself and see what he has to offer as some people seemed to benefited from this action? :???:

 

All help gratefully received. Thank you in advance!:)

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alanfromderby

alanfromderby

Posted
Posted

....and you don't need to add anything to your claim, the extra fee will be automatically added to the claim by the court. Just make sure that the bank pays the full amount, including this extra fee, in any settlement.

 

 

 

 

 

 

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twinkle

twinkle

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Just another quick update. I returned my AQ on Friday with my fee. Now time to wait again. I'm hoping to get some reply from Barclays once they see I serious. Fingers crossed!

 

Just in case what should I be thinking about doing in the mean time? Any advice?

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Mrgreengenes

Mrgreengenes

Posted
Posted

Hi Twinkle, my claim went in at 15:55 on Friday 30th Jun (5 minutes before the court closed).

You are slightly ahead of me.

 

 

Don't let the fatherless chillen get ya!

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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twinkle

twinkle

Posted
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Hi Twinkle, my claim went in at 15:55 on Friday 30th Jun (5 minutes before the court closed).

You are slightly ahead of me.

 

 

Don't let the fatherless chillen get ya!

 

It's good to see someone at the same stage as me. Will have to compare notes as we go along!

 

I don't want to think of the money yet. Not until I have it in my hands!

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twinkle

twinkle

Posted
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Posted

It's been a while since I last posted but here's another update.

 

Since returning my AQ I heard nothing for weeks then received a letter on the 7th August saying that my case, as a result of an order was being transferred to Cardiff County Court ( from my local court).

 

Have now received a letter yesterday, stating

 

BEFORE HIS HONOUR JUDGE G HINKINBOTTOM

 

Upon reading the Allocation Questionaires and file

 

IT IS ORDERED THAT

 

1. This claimgiving rise to important legal issues of general importance, it is allocated to the Multi-Track and transferred to Cardiff County Court for case management.

 

2. By 4pm on 1 September 2006, each party shall serve and file propsed directions through to trial. Unless either party requests a hearing, the court will then give directions through to trial without a hearing.

 

3. All matters relating to this case shall be reserved to the Designated Circuit Judge, unless expressly released by him.

 

4. Any party may apply tp set aside vary or stay this order pursuant to CPR Rule 3.3 (5) & (6).

 

 

 

Has anyone else had a letter like this? Could really do with some advice and help on what I am to supply the judge at this point. Getting a bit worried now!

 

Thank you in advance.

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alanfromderby

alanfromderby

Posted
Posted

My initial gut feeling is that you will now receive a very fast settlement, however I would suggest that you need to go through your claim thoroughly, and read through the information again in the FAQ's to ensure that you fully understand the legal arguments.

 

In the meantime I will alert admin to your case.

 

 

 

 

 

 

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