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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.

Tanzarelli v Cap One... £ + default **WON**

TANZARELLI

By TANZARELLI
in Other Institutions Successes

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elizabeth1

elizabeth1

Posted
Posted
Just phoned Carolyn Parsons and agreed to email her a copy of the letter to the court. Added a quick note to acompany the letter which read:

 

Hi Carolyn,

 

I am enclosing, as promised a copy of the letter to Worcester County Court, which I withdraw my claim. I will send a signed copy of this letter to yourself via standard post to the Trent House, Station Street address at the top of you last letter of 15 May 2007.

 

Thank you for your assistance in this matter, and hopefully Capital One can avoid similar actions in the future by reducing its late payment and over limit fees to a level which would be proportionate to your actual liquidated losses, somewhere around the 50p mark would be a good place to start. This would save us all a lot of time and trouble and would avoid wasting the courts valuable time.

 

Regards

 

Lol one last dig. PMSL

 

Well Done Tanz - so glad you got that sorted.

ROFPMSL 50p :D

 

I am just waiting to see whether Cap1 file their amended defence etc..

they have till 4pm tomorrow!!! I wonder how they'll explain to Judge all about their "porkies"? :rolleyes: Sure will make interesting reading :-D

 

I shall phone court late tomorrow afternoon to see whether they filed or not!!!

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Guest Botsy

Guest Botsy

Posted
Posted

Well done Tanz, that must be a weight off your shoulders, very pleased for you!

 

I received my court date today for August, it states I have 7 days to make an application to have it set aside, varied or stayed if I object to the Order. Not sure what that entails or why I should have it set aside etc.,

 

Does anyone know if this is usual?

 

Cheers

Botsy

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TANZARELLI

TANZARELLI

Posted
  • Author
Posted
Tanz, good to see you got it all sorted at last. Just goes to show though - they can move quickly when they need to.

 

Yes when it suits them, if I had withdrawn earlier it would still have the default on one of my files, so worth hanging in there.

 

Well done Tanz, it's about time they listened to you instead of ignoring you. Had they have listened in the first place it would not have got so close to a court date!

DS

 

Muppets is all I can say. lol

 

Well done Tanz, all that hard work paid off, it's just so sad they put us through so much before they cough up. Enaid x

 

Thanks enaid, wheres my £100.74.

 

Well Done, Tanz, so glad you got it sorted, all your perseverance and hard work has paid off!!

 

glav:)

 

Thanks mate

 

Well done Tanz, that must be a weight off your shoulders, very pleased for you!

 

I received my court date today for August, it states I have 7 days to make an application to have it set aside, varied or stayed if I object to the Order. Not sure what that entails or why I should have it set aside etc.,

 

Does anyone know if this is usual?

 

Cheers

Botsy

 

Cant see why you would want it set aside, a bit ealrier perhaps. lol

 

Thanks anyway.

 

May you all have unlimited success.

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TECHSPEC

TECHSPEC

Posted
Posted

Tanz,

 

First of all , gongrats on your success.

 

Last year, i recived letters saying that i owed Lloyds TSB £0.00 on my loan. I was still paying it at the time, and just shrugged off the letters, which arrived each month.

 

Eventually, i sent them a cheque for £0.00, and the daft letters stopped.

 

Now i have found that these letters have registered as unpaid with Experian (and i assume the other 2), and have knocked 300 points of my credit rating.

 

Experian have said there is nothing they can do, and LLoyds TSB refuse point blank to remove the so called missed payments.

 

Although i have read through you post, i find some of your terminology confusing. Where do i start in getting this injustice removed?

 

Thanks in advance.

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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TECHSPEC

TECHSPEC

Posted
Posted

Will do - many thanks!!

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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doo

doo

Posted
Posted

Hi Tanz, no news with my claim yet but hubby got letter today offering full charges, CCI and court costs plus removal of default. Big thanks to you and also smel for taking the stand with them in regard to default removal, it has made it easier for everyone who has followed your actions.

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Guest Botsy

Guest Botsy

Posted
Posted

Doo

That' good news about your hubby's charges. Did he have to start court action?

 

I've got my court date in August, we shall see!

Botsy

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doo

doo

Posted
Posted

Yes, we filed N1, he received an acknowledgement of service on the 14th day, 4 days later he got offer of full amount and default removal.

 

I need to remind myself again of your case, I will visit your thread.

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johnwilsonstorey

johnwilsonstorey

Posted
Posted

Hello Tanz and belated congratulations on all you have achieved both for yourself and the continuing help you are giving to others with your sound advise.

Could you do me a favour please I have asked a number of questions regarding a Lloyds account I am fighting for my Son in law and up to now I haven't recieved any replies.

It can be found at Mightyquinn V Lloyds see what you think.

 

Thanks in advance for your help....John

 

PS its not the same without the eye!

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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TANZARELLI

TANZARELLI

Posted
  • Author
Posted
Hi Tanz, no news with my claim yet but hubby got letter today offering full charges, CCI and court costs plus removal of default. Big thanks to you and also smel for taking the stand with them in regard to default removal, it has made it easier for everyone who has followed your actions.

 

Thanks doo, and well done for your hubby's success.

 

Hello Tanz and belated congratulations on all you have achieved both for yourself and the continuing help you are giving to others with your sound advise.

Could you do me a favour please I have asked a number of questions regarding a Lloyds account I am fighting for my Son in law and up to now I haven't recieved any replies.

It can be found at Mightyquinn V Lloyds see what you think.

 

Thanks in advance for your help....John

 

PS its not the same without the eye!

 

I'll pop and a have look.

 

Tanz

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joesoap

joesoap

Posted
Posted

Tanz, you wouldn't have an up to date fax number for a contact in capital one, would you. I'm trying to finish crap 1 off for my son and although I'm doing rd's, I want to fax the clowns as well!

 

Cheers and well done.

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woodentop

woodentop

Posted
Posted

Hi Tanz,

 

Phew have just finished reading your thread - what a compelling read! WELL DONE AND MANY CONGRATULATIONS.

 

Am just about to start with CapOne received my statements within 2 weeks (!) am gobsmacked. Now the fun starts - your thread will be my "BiBle" through the process -hope you don't mind.

 

xxx Woody xxx

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TECHSPEC

TECHSPEC

Posted
Posted

Just been offered the difference between £20 and £12 back, and its been credited to my account.

 

I take it i refuse?

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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elizabeth1

elizabeth1

Posted
Posted
Just been offered the difference between £20 and £12 back, and its been credited to my account.

 

I take it i refuse?

 

 

There is a letter in the template library to accept this as "part payment" - saying you still want the remainder and will be continuiing your claim etc..

 

Don't accept this offer at all - tell them you want all of your money back.

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TANZARELLI

TANZARELLI

Posted
  • Author
Posted
Hi Tanz,

 

Phew have just finished reading your thread - what a compelling read! WELL DONE AND MANY CONGRATULATIONS.

 

Am just about to start with CapOne received my statements within 2 weeks (!) am gobsmacked. Now the fun starts - your thread will be my "BiBle" through the process -hope you don't mind.

 

xxx Woody xxx

 

Not at all if its of use to you feel free.

 

Just been offered the difference between £20 and £12 back, and its been credited to my account.

 

I take it i refuse?

 

Reject it see here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

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caro

caro

Posted
Posted

Congratulations Tanz. Default removal is so important for your future credit. Glad you made them see sense.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, 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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