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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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      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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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

crosan21 versus First Trust

crossan21

By crossan21
in Other Institutions

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crossan21

crossan21

Posted
Posted

I've sent the first letter as per the template on this site to request my copy statements. I received a letter back approx 10 days later saying i would have the information back within the specified 40 days. Fingers crossed! Theres still at least 3 weeks before the 40 days is up!

 

I'll update progress when appropriate.

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gizmo111

gizmo111

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I've sent the first letter as per the template on this site to request my copy statements. I received a letter back approx 10 days later saying i would have the information back within the specified 40 days. Fingers crossed! Theres still at least 3 weeks before the 40 days is up!

 

I'll update progress when appropriate.

 

Good Luck

Consumer Health Forums - where you can discuss any health or relationship matters.

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eratu13

eratu13

Posted
Posted

Good Luck and be advised the FIrst Trust drag this out for ever but stick with it and dont let them off the hook .I started the ball rolling with a request for statemnets in July and my court date is not to the new year not that i mind more interest for me and will help me in the jnuary sales

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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  • 3 weeks later...
crossan21

crossan21

Posted
  • Author
Posted

I am now right at the forty day amrk, and i've received nothing except a letter saying that my request for statements has been received and that First Trust will get back in due course. that was received about 10 days after i wrote the SAR letter. Can someone confirm what my next best step is?

 

Thanks

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paddym

paddym

Posted
Posted

ring them up ask were your data is tell them they are in breach of the data protection act 1998! then go in to the templates theres a non - compliance letter there wouldnt do you any harm to send them that as well !

if my advice has been of any help to you then please click the scales ! Thank you :D

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crossan21

crossan21

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  • Author
Posted

Ok...before i needed to make the phonecall or send the non-compliance letter the statements have arrived. The fees charged total over £400. Some of the charges include: set up DD fees, stop DD fees, cancel Standing Order fees and stop cheque fees. Are all these fees reclaimable on top of the 'referral chgs' - (daily chgs for going overdrawn), and other quarterly fees and interest..

 

Thanks for your help.

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crossan21

crossan21

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  • Author
Posted

I've looked in the templates library for the letter to request a refund. I noticed there the MCOL, which suggests filing an online claim with a court before even requesting repayment from the bank. Surely it would be best to request a refund from the bank using the 'preliminary repayment request' template before processing the MCOL claim form.

 

Any advice would be appreciated..

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gizmo111

gizmo111

Posted
Posted
I've looked in the templates library for the letter to request a refund. I noticed there the MCOL, which suggests filing an online claim with a court before even requesting repayment from the bank. Surely it would be best to request a refund from the bank using the 'preliminary repayment request' template before processing the MCOL claim form.

 

Any advice would be appreciated..

 

Where did you see this advice - CAG always recomends that you give banks 28 days notiice before you file claim - hence the prelim and LBA

Consumer Health Forums - where you can discuss any health or relationship matters.

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crossan21

crossan21

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IN the bank templates section, the thread called Money Claim On-Line (MCOL) Particulars of Claim. When you click in there, it says if you haven't already sent schedule of chgs to bank then STOP! and follow the process given..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

I found it a bit misleading..

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gizmo111

gizmo111

Posted
Posted

It is for eople who haven't followed the procedure correctly and is advising them not to claim until they have contacted bank with relevant information. Have a read here to clarify

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Consumer Health Forums - where you can discuss any health or relationship matters.

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crossan21

crossan21

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Posted

ok no problem, that makes sense.

 

Just one other question, a small amount of the fees i hope to reclaim are for quarterly fees, which include use of ATMs and use of debit card for payments. Should I claim for these chgs, or only chgs such as DD setup, SO setup, DD cancellation, SO cancellation, daily overdrawn fees?

 

Thanks for all your advice.

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