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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.

NN v Abbey - *settled in full* at last WON WON WON

Jane Austen
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Jane Austen

Jane Austen

Posted
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Posted

Just phoned the court again. Abbey HAVE NOT REPLIED so unless they hand something in, in person before 4pm THE JUDGEMENT STANDS!!!!!!:lol: :lol:

 

I WON'T BE ABLE TO SETTLE ALL DAY!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

Posted
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Posted

I do hope I'm not counting my chickens. This has gone on forever. (Since March anyway).

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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jayne67

jayne67

Posted
Posted

Hi

 

Seems like you are finally at the last hurdle!

I think everyone who has read this thread will be on tenterhooks now, not least you!!

Keep us posted, I can't wait to see your I WON post.

 

Jayne x

 

PS Happy Anniversary.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Jane Austen

Jane Austen

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Thanks Jayne. I can't wait either. I can't concentrate on anything at the moment but I wouldn't have got anywhere near this far without all the support from this site.:smile:

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

Posted
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Posted

God I wish it was. This waiting is killing me!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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jayne67

jayne67

Posted
Posted

Any news???

 

 

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Jane Austen

Jane Austen

Posted
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I can't believe it - the court office closed at 4pm!!!

 

Now I have to wait until tomorrow to find out what happened.

 

The good news is I was late coming back to the site because I had a phone call about my Bank of Scotland Mastercard and they are going to pay up AND allow reduced payments on the remaining balance AND they will not charge any more interest!!!! RESULT - but not the one I was expecting!!!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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jayne67

jayne67

Posted
Posted

Oh no!

 

Poor you. You must be gutted?

Just look forward to the good news tomorrow!

 

Jayne.

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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Jane Austen

Jane Austen

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I E-mailed DLA Piper and this is the reply I received. I wonder if it got to the court in time????

 

Dear Ms Nelson

 

I can confirm that the application has been sent to Court. We also note

that you have indicated to the Court that you wish to agree to the

application.

 

Kind regards

 

 

Jodie Bilsland

Trainee Solicitor

DLA Piper Rudnick Gray Cary UK LLP

 

I didn't actually agree to the application - just to the set-aside to speed things up and that was weeks ago. Why then, do they need a hearing?

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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jayne67

jayne67

Posted
Posted

Well it sounds to me that they are cutting it fine..if indeed they have replied. Probably got their wires crossed again!

 

Keep us posted

 

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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wendy69

wendy69

Posted
Posted

i'm not going to sleep tonight with this saga still going on.....Good Luck for tommorow.;)

regards wendy x :p

 

HSBC Business a/c Data Protection Act req copy of bank charges sent 7/8/06 - £2,900 :D

HSBC Current a/c DPA req copy of bank charges sent 7/8/06

- £2,574.50 :D

NatWest Current a/c DPA req copy of bank charges sent 7/8/06

 

:eek::mad:

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Jane Austen

Jane Austen

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Well, DLA filed the application at Northampton court when they should have done it at Darlington. They only filed it yesterday and it has been accepted!!!! :-x :-x

I spoke to a lady from Darlington court and they now have to wait for the documentation to arrive from Northampton. Once it arrives the judge will look at it again (but only on a Monday or Wednesday) and could do one of 3 things:

1. Grant the set aside (which I asked him to do in July).

2. Schedule a full hearing (Same as Whizzkid and NeilP).

3. Throw the whole thing out.

 

Number one would mean a date being set for a full hearing of me v Abbey in court so IMO this is the best outcome I can hope for.

Number two just drags things on longer and number three is unthinkable so I am not even going to consider it.

 

Too many chickens counted yesterday.:(

 

Meanwhile I am going to E-mail trainee solicitor and ask why it was filed in Northampton.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

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Yes I did file on moneyclaim but everything was moved to my local court when DLA applied originally for the set aside. They hold the file now and the lady from the court was surprised they had filed in Northampton.

 

I have just E-mailed Jodie the trainee and told her the delaying tactics will not put me off. This application could have beeen made as early as 2nd August but as we all know they leave everything as long as possible to drag things out.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

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Reply from DLA: didn't know the case had been transferred to Darlington - as if!!!!

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

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I've been doing a lot of thinking and this has only just occurred to me.

 

When I wrote to the judge in July I told him I agreed to the set-aside but his response was to insist that Abbey/DLA make a full application. They did this on Wednesday.

 

Now, did he do this to have a look at their argument in light of the information I provided in my letter (Whizzkid and NeilP being the main cases), and is he therefore thinking about NOT allowing the set-aside? Otherwise, why insist on a full application for a full set-aside hearing when I have already told him I agree to the set-aside?

 

Any thoughts anyone?:confused:

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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jayne67

jayne67

Posted
Posted

Don't give up nn, just look forward to savouring the moment when Abbey are on their knees!!

Best wishes

Jayne

Abbey - Prelim sent 17th May £2560.00 + £191.44

LBA sent 1st June

Claim Filed 27th June 3349.90 Inc Interest + Costs

Court Papers Served 3rd July

Claim Acknowledged 10th July

50% Offered 27th July

Settled Out Of Court 1st August £3080.45

Capital One - S.A.R - (Subject Access Request) request 31st July

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weaver440

weaver440

Posted
Posted

Bloomin heck - have just spent the last 30 mins reading this thread from start to finish and felt like my heart was going to BURST with all the excitement!!!!!!!! Every time i went on to the next reply i kept thinking 'THIS IS GOING TO BE THE ONE WHERE YOU TELL US YOU HAVE WON' I Think you deserve to get every penny back and you should also ask if you can be a site helper/moderater. I wish you soooooooooooooooo much luck. I am not even in this bank group I am in the Nat West one but I will be keeping an eye on your thread. Again my best wishes for your you.

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give_me_it_back

give_me_it_back

Posted
Posted

What's the new date now Nelson?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Jane Austen

Jane Austen

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Posted

The judge is looking at the application made by Abbey today. I have been advised to phone back after 4pm or in the morning.

 

I'm slowly getting used to waiting for other people to make the moves!:rolleyes:

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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give_me_it_back

give_me_it_back

Posted
Posted

Counting the hours...

 

Good luck!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Jane Austen

Jane Austen

Posted
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Posted

Once again I write, having just phoned the court.

 

The set aside has been "granted by consent" and the AQ is being sent to me and to DLA.

 

Finally some progress.:smile:

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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lknox

lknox

Posted
Posted

Good news ;-)

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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  • 2 weeks later...
Jane Austen

Jane Austen

Posted
  • Author
Posted

Quick update.

 

AQ received today. It has to be back by 11th September.

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Jane Austen

Jane Austen

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Posted

Hi Karne

 

I already had that bit from Alan, on your thread bookmarked and I've copied it nearly word for word.

 

I have also E-mailed my trainee solicitor (who incidentally called me 'he' all the way through the written defence!!!), and informed her that the AQ will be at the court tomorrow unless they settle. I told her what I'd put on the form so she will hopefully be aware that it's similar to yours, and others, and that WE KNOW WHAT WE ARE DOING and will not back down.

 

Thak you so much for your continued help and support:) :)

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Thread Locked

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If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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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