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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.

English or Scottish Law ???

John Stirling
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John Stirling

John Stirling

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As a Jock now living in England, my account is with LTSB Scotland, i have tried to change this in the past however English LTSB have told me this is not required as all facilities linked to the account would be available in England, this obviously includes charges! if i were to file a claim should i being doing this through the Scottish small claims or can i start proceedings through my local courts in England?

 

I have now obtained my DPA info and are about to send my prelimanary letter, i would like to get this squared away as i belive you can only claim last 5 years in Scotland as opposed to 6yrs in England, any info would be appreciated.

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woolfie

woolfie

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Your right that we are only supposed to claim back a maximum of 5 years however lots of folk up here have being going for the six regardless in the belief the banks wont know about the statute of limitations. I read somewhere on here that even the legal folks dont always know! So definitely worth a go.

 

With regards to jurisdiction I get the feeling because you live in England you should be able to take action in your local court. If you give them a phone they will help you out tho.

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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woolfie

woolfie

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Posted
I am not sure, but if you live in england can you not bring a claim in England?

 

 

This seems to be a really grey area. I spoke to the Money Claim people on the phone and they said provided I had an correspondance address in England I could claim there. But I have heard there could be issues with jurisdiction.

 

So basically I have no idea!! Sorry

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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John Stirling

John Stirling

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Hey, look at the thread below about the HSBC - Living in scotland claiming in England...this may help you!!!

 

LOULA

Thanks for the Thread it looks as if i will claim via English if it comes to it. Scottish Law proves more cumbersome with multiple claims up to £750 a time and only 5 years instead of 6. I will keep you all informed at how it goes. Will be sending my prelimary letter tommorrow, wont hold my breath. Nice to know your local, Rothwell myself, did you have any problems when you claimed, would be nice to hear your story.

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nearlyoldwoman

nearlyoldwoman

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Posted

hi everyone, i explained to my local sheriff court that i'd sent my 2 letters to england Head Office but they've confirmed i can pursue the claim from MY local court and the summons will be given to my local branch as they are the branch that took my charges and it falls under the consumer credit act (which apparantly means we can choose which court) but dont quote me! anyway, they've actually been really helpful, and my top tip for today would be....the lingo is slightly different, insteand of claimant and defendant, the correct scottish wording should be pursuer and defender, i filled in the summary cause form online, then got them to look over it for me, they've advised me on what to put in and what to take out, so after making some changes it'll be handed in to my local court on tue morning!! yippee:D

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Robertxc

Robertxc

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There's not really any confusion. In general, you're supposed to sue in the court nearest the Defender. So, if you were suing an individual you would have to do it in the court nearest them. HOWEVER, as a consumer you are entitled to sue in the court nearest you. In practice, it means that if you are on the other side of the border from your bank, you can choose where to sue them. Obviously, if the amount id over £750 but less than £5000 you will do it in England.

 

Also, you cannot use moneyclaim if you are in Scotland.

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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John Stirling

John Stirling

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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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