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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.

Tinkerbelle v BoS * * WON * *

Tinkerbelle

By Tinkerbelle
in Halifax and IF successes

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Tinkerbelle

Tinkerbelle

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Received a letter this morning from Halifax Customer Relations responding to my letter of the 12th July. Said they had received my complaint and they are looking into it.

 

They must be overwhelmed with work at the moment, because I never sent them any letter dated 12th July. My last letter to them was dated 3rd July.

 

My court summons to them was issued on the 12th July, so I guess that's what they are referring to.

 

I get the feeling that they will be continuing with their catalogue of errors with this one :rolleyes:

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Tink

Tink

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Following your saga with interest Tinkerbelle, Good Luck, who knows maybe these clowns will turn up 2 days too late for your case !!!

 

T

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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  • 2 weeks later...
Tinkerbelle

Tinkerbelle

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Keep going and good luck!

 

I'm just setting out on this journey with three separate BOS accounts - that'll confuse them!!

 

It certainly will!

 

Seeing as they cannot manage to get ONE account sorted out - can you imagine the sheer panic at their end having to deal with three? :rolleyes:

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Tinkerbelle

Tinkerbelle

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Got home today to a letter posted 2nd class from the Ivory Towers on Trinity Road. The letter said:

 

=================================

 

I have received and have been dealing with the proceedings, which you have issued against Halifax plc in the Northampton County Court.

Your claim relates to bank charges debited to your current account. These charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

I have returned the form of Acknowledgement of Service to the Northampton County Court indicating that Halifax intends to defend your claim. However, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, Halifax is willing to reimburse £xxx in respect of the bank charges incurred, together with £xxx in respect of approximate interest that Halifax has calculated was charged on your account as a result of the charges. Please see the attached schedule of bank charges and interest for ease of reference. The Halifax will also reimburse £xx in respect of the Court fee. This amounts to £xxx, please find enclosed a cheque made payable to yourself for this amount.

 

I will write to the Court to let them know that your claim has been settled and would be grateful if you could do the same.

 

We are keen to help you avoid any unnecessary charges in the future by providing various ways to keep track of your account. You can do this via telephone bamking on 0845 20 30 40, online banking (www.halifax.co.uk) or by obtaining a mini statement at our cash machines. You can also contact one of our banking advisers at any of our branches.

 

Ultimately it is your responsibility to manage your account. If you incur any future charges the Halifax reserves the right to withdraw your banking facilities; full details are explained in the terms and conditions of the account. If you would like to discuss this, please contact our Customer Relations department on 08457 25 35 19 option 2.

 

Yours sincerely,

 

=====================================================

 

I had to laugh when I read the letter, because:

  1. This claim refers to a closed account
  2. I asked them to pay the money into my other Halifax Account
  3. They sent me two cheques. One for the charges and one for the interest plus court fee.
  4. No schedule of charges was included.

They must be really busy up there in Halifax :roll:

 

Carry on the good fight people :cool:

 

Survey Completed - ü

Mods Notified - ü

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Janet-M

Janet-M

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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M 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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  • 12 years later...
Tinkerbelle

Tinkerbelle

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This topic was closed on 09 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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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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