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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.
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Damaged hob discovered a month after delivery when unpackaged.

mickeylove

By mickeylove
in General Retail

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mickeylove

mickeylove

Posted
Posted

Posting on behalf of a friend, I don't think they are in a great position - but thought best to check here for advice.

 

  • Friend ordered a kitchen before Christmas 2020 in store at Homebase to be paid on finance (via Barclays).
  • Kitchen delivered 29th Feb 2021 but not fully unpacked and inspected since it was to be installed at a later date
  • Upon unpacking to install on the 2nd April they discovered that the very expensive NEFF hob (£2500) was severely damaged (though the packaging was not damaged in the slightest)
  • 2nd April called Homebase and were informed to call back on Tues 6th when NEFF would be open (bank holiday)
  • Tues 6th they called back and Homebase suggested it would be down to the discretion of NEFF if the hob would be replaced
  • 9th April NEFF refusing to replace the hob stating that it should have been unpacked and any damage reported within 48hours of delivery

 

Does my friend have any avenue to pursue this at all?

 

Thank you for any advice.

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dx100uk

dx100uk

Posted
Posted

nothing to do with NEFF.

it's for homebase and NeFF to argue that one out later.

 

homebase are the retailer, the item is damaged - not fit for purpose, doesn't matter its outside of 48hrs nor 30 days under consumer rights act short-term right to reject. raise a claim under CRA.

 

it's also on Finance so section 75 plays a part here also and Barclays are equally responsible.

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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mickeylove

mickeylove

Posted
  • Author
Posted

Thank you @dx100uk, that is very welcome news.

 

In the first instance should they call Homebase and state that they would like to reject the item on that basis, or, should they write?

 

Are there any template letters for this?

 

Thank you once again, I know that they will be very relieved that there is some recourse.

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dx100uk

dx100uk

Posted
Posted

its outside of the 30 days.

HB will have the choice of repair (one chance only) /replace or refund.

 

it can be done over the phone to hb, that he is invoking his rights under cra as they are the responsible party for the above clearly stated under cra.

that should be followed by a formal letter.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk

dx100uk

Posted
Posted

just to correct an earlier bit of info...

section 75 is sadly not applicable to a finance credit agreement 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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