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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.

Breadline V GE Money (B&Q)

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By breadline
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Posted
Posted

DPA sent 20th April 06,

£1.00 postal order

(as it stated on the B&Q leaflet £1.00 charge for copies statements, not per statement) a photocopy of this was also sent with the request.

 

Recorded Delivery.

 

Sent to the address on the B&Q store card leaflet.

 

BL

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cos

cos

Posted
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I think DPA refers to more than copy statements. It is a log of all interaction in your account including manual intervention, so you may end up paying the £10.

Good luck.:)

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Aha

I thought the £10 was for the statements.

 

So the £10 is to cover the work carried out highlightening any manuel intervention?

 

no probs as I can send it on if requested. My time with them was short and i think charges on the low side may be under

 

£100 but hey gotta pull thier chains right;-)

 

At least the 40 days firing pistols been discharged :-)

 

 

BL

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cos

cos

Posted
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Sorry to burst your bubble again, but it's probably 40 days from payment of the £10. Some banks appear to be NOT accepting the £10 as a stalling tactic from what I've read here.

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  • 3 weeks later...
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Posted
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Recieved account breakdown 5th May 06

 

Crafty gits when im late payment there is no charge for late payment

but there is a charge for a reminder letter

 

£15.00

 

Not sure what to do with this, going to scrutinise it more.

 

The only late payment charges i had where at the end that i agreed to pay teh balance if tehy deducted them as tehy where in the wrong, which the yagreed and reduced teh balance.

 

Any ideal what i can do about the letter charges?

Letters cost money and have to be handled to be posted?

 

how ever £15.00 is a bit steep..

 

BL

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Posted
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After looking closer at the statements , i had made a complaint about India taking calls but failing to take payments when i wanted to make them.

 

They have taken away all charges as i was closing account.

 

Pleased realy but not with the way they handle thier actuall accounts.

 

Closed claim here if you MODS want to move the thread or close it.

 

But its worth noting i did hold back payments as i was annoyed at the charges and i did get charges removed by being stubborn and holding back the full and final payment on the account for closure.

 

So the payments section can remove as many charges as they like at the flick of a few switches.

 

BlL.

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This topic was closed on 08 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

because no one has posted on it for the last 6549 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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