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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.

Another myHermes Issue - ***WON***

omegatbt15

By omegatbt15
in Postal and Delivery Services

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Thanks

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BankFodder

BankFodder

Posted
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Please can tell us the whole story in a bullet pointed chronology

Also do I gather the you have started a small claim? if so please will you tell us about it and also post your claim forms and any defence which might be received

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BankFodder

BankFodder

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thank you. I asked you to post up your claim form that you haven't done that. Please will you post up your claim form in pdf format.

Also did you declare values? What value did you declare for each parcel?

 

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BankFodder

BankFodder

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Yes please - the actual pdf.  Redact the indentifiers

 

Also please will you address the other questions I asked

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BankFodder

BankFodder

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In one of your posts you express gratitude that we have given you the material in order to start your own claim. It then seems that you went ahead and started your claim without consulting us.
Big fail!

I have no idea why you then didn't come and discuss it with us first – but I'm sorry, but the claim form simply doesn't do the trick. Apart from the fact that you start off your particulars by saying "hi…", You don't actually identify any cause of action or identify the fact that they were two separate contracts or on the basis upon which as a third party you are proposing to rely on the second contract in order to make your claim.

You only posted up part of the claim. This is extremely unhelpful and I'd like you to post the entire claim please. I have to say it's hard work having to ask for everything twice and to have the responses posted fully. You might think I'm being rather harsh, but I imagine that if you were paying the £300 an hour that our advice is worth and which it would cost you if you went to a solicitor, you probably look a bit lively in order to avoid any unnecessary expense.

We are happy to help and we can help you win – but I think it's only fair to ask you to make it easy as possible for us.

Have they filed a defence yet? What date did you issue this claim? If you had posted the whole claim then I wouldn't need to ask you this.


 

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BankFodder

BankFodder

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Also You have said that you don't think that you can win in respect of the parcellink package - but I think that you can

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BankFodder

BankFodder

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There is no doubt but that they will file a defence – they always do.

However, given the rather poor quality of the claim it wouldn't surprise me if they also asked for the matter to be struck out.

I think that there is nothing more to be done until you find out what response they make. Come back and tell us when you know.

However, I still want you to post the entire claim form – redact it for anything which gives away your identity. If we don't have complete documents then I don't think we will be able to help you.
This is an entirely winnable case
 

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BankFodder

BankFodder

Posted
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Redaction is not hard.

Copy the claim.   Black out the bits you want to redact with bits of paper and then scan the redacted copy. - The whole claim. 

 

If this claim goes the distance there will be other documents which you will need to show us and you are turning it into an unnecessary effort.

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BankFodder

BankFodder

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The claim is issued and served - so it's too late to change it.

 

Let us know what response you get and we will take it from there.

 

There is a chance you may have to withdraw it and reissue which means at least a wasted claim fee.  Let's see what their response is.

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BankFodder

BankFodder

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The reasons why they lost the parcels are not particularly relevant here. The fact is that it is amounts to a breach of contract.

The backlink/third-party contract should not be a problem because you will be relying on the Contracts (Rights of Third Parties) Act which entitles you to assume all the rights of one of the contracting parties and to sue on that basis. You are clearly intended to be a beneficiary of the contract and it is most unlikely (although we have not seen it) that they have specifically excluded rights of third parties in their contract.

Once again, there is nothing to do until you find out what responses been made. I think you should stop being so pessimistic about the third-party contract.

 

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BankFodder

BankFodder

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We would probably get more sleep if you wouldn't take five days to load up a simple claim form

  • Haha 1
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BankFodder

BankFodder

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Posted

No

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BankFodder

BankFodder

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In principle you would sue Packlink if your contract was with them - but we would need to know more about them.  I've not heard of them before

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BankFodder

BankFodder

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By the way I notice that you say that you would pay £20 in compensation. Did you accept this? On what basis was the £20 paid?

By accepting £20 you may well have given up your rights to take any further action

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  • 1 month later...
BankFodder

BankFodder

Posted
Posted

Thanks for this update.  

 

Well done.

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