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      Hello,

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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.

Nettyg v Hsbc ***WON***

nettyg

By nettyg
in HSBC, FD and HFC successes

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rundll

rundll

Posted
Posted

Just to confirm, I dont have to include a fee if my claim is for less than 1500 correct?

 

And, Should I send a breakdown of my charges to the court with my AQ?

 

Everything else is filled in and ready :)

 

Cheers

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lizvp

lizvp

Posted
Posted

this may well be old information, but i thought it might be worth trotting out again..

 

without prejudice offers, also WP save as to costs, are known as a part 36 offer. for full details see: PART 36 - OFFERS TO SETTLE AND PAYMENTS INTO COURT

 

these letters can look a bit intimidating as they are hinting that we will be liable for costs.

 

this is nonsense and nothing short of bully-boy tactics.... 'A Part 36 offer or a Part 36 payment shall not have the consequences set out in this Part while the claim is being dealt with on the small claims track unless the court orders otherwise.'

.

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moose73

moose73

Posted
Posted
rj

ask them if they have filed their aq - you did and you were wondering what was happening with your claim.. are you going to hear anything soon, if so, what?? etc etc... make sure they have a copy of the breakdown, even if they've got one, ask if they would like another lol

 

just emailed them. Can't get through by phone jsut get answer phone.

HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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FergalThang

FergalThang

Posted
Posted

Well I sent my offer acceptance with amended conditions yesterday and spoke to them today over the phone. They have said that they will be settling this week and I can expect my cheque within 7-10 days, although they also said they send them out on Fridays.... :-|

 

I mentioned the AQ and they said not to submit it as they had accepted my offer (it is due on the 11th). Am reluctant not to submit it but can't be bothered with the hassle of it. On the up side the call they made to me is recorded as I was at work so could always send them a recording if they get dirty!!

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Billy55

Billy55

Posted
Posted

You are right that PART 36 offers are not really applicable to small claims, however it should be noted that from the 6th April 2007 THEY WILL.

 

However, it is my opinion that this should be seen as a benefit to us claimants, as we can make a PART 36 offer to settle the claim for the full amount. If this amount is then recovered (or more) then the Defendant will be subject to cost sanctions (As I have not chance to check exactly what the amends are to the CPR i can't say exactly what those sanctions will be as yet)

 

What this means from a practical point is that from the 6th April a PART 36 offer to settle for the full amount should be sent to the Defendant immediately after the LBA is sent.

 

You will also need to check what requirements are needed for a valid PART 36 offer.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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nettyg

nettyg

Posted
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Posted

my day... well apart from feeling that my pupils (in my eyes, not at school) are bigger than my head at the mo... absolutely fine lol

probably been a bit quiet today (unnervingly so, my colleagues would say) and i'm just waiting for friday!!

how was your day lats?

If i've been helpful in any way....then tip my scales over there!

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honeygie

honeygie

Posted
Posted

hello me mammies... :)

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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honeygie

honeygie

Posted
Posted

hello me mammies

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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markgreen

markgreen

Posted
Posted

Sorry to intrude, I started a thread regarding the AQ but was directed to this thread. i have read the whole thread from start to finish, fantastic. I have just recieved the AQ, and am a bit confused since reading this. I was all set to fill it in and send it on in a hope to speed things up, but it appears that I the best thing to do is to wait until the last minute and hope they pay up. Am I right in waiting? Also when bombarding DG with emails etc, in the meantime, am I asking them if they are going to pay up before tha AQ is submitted. I've getting to this stage of the proceeding fairly painlessly, but I am now confused at the AQ stage. Apologies if this has already been discussed but there was a lot to take in. Any help is appreciated. Thanks

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honeygie

honeygie

Posted
Posted

wow mammie netty, your thread is quite frequented eh? teehee.. anyway.. that is because you have been very helpful around here, you and mammie lattie.. am fine, thank you.. still waiting though.. hehe.. have a nice day!!!;)

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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nettyg

nettyg

Posted
  • Author
Posted

just popping in quickly because i'm at work... just confirmed with the courts that is your aq is due on sunday, it has to be by 4pm on the friday

cheques made payable to HMCS

catch u lata xx

If i've been helpful in any way....then tip my scales over there!

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honeygie

honeygie

Posted
Posted

it sure is.. when i rang the court and asked if dg submitted aq, they said dg hasn't.. and that's it?! anyway...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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