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EVRi and other members of the parcel delivery industry are committing offences under The Consumer Protection from Unfair Trading Regulations 2008


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There is little doubt that the courier industry, by informing potential customers that they will not have right to full reimbursement for lost passes unless they pay money in addition to the cost of the delivery service, are in breach of the Consumer Protection from Unfair Trading Regulations 2008 as amended by The Consumer Protection (Amendment) Regulations 2014

 

WWW.LEGISLATION.GOV.UK

These Regulations implement Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJ No L 149, 11.6.2005, p22) (“the Directive”)...

 

 

WWW.LEGISLATION.GOV.UK

These Regulations amend the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277) (“the 2008 Regulations”) which implement Directive 2005/29/EC of the European Parliament and of the Council...

 

Please watch this space for further information but if you are suing any of the courier companies then you should certainly let us know on this forum and also your particulars of claim should not only allege the breach of contract but should also allege unfair trading as a result of breaching the CPUT regulations.

 

As well as following the links above to the regulations, you should see our own commentary by following the CPUT link

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No I don't think so. The third party issue is not some kind of practice or representation which leads to the formation of the contract.
I think that these regulations only apply to unfair practices which are used to influence a consumer to enter into a contract – and in this case to enter into a contract with a already enjoy rights accorded to them by law.

It is clear that where people are persuaded to purchase an insurance or enhanced compensation on the basis of the courier companies' representations that people won't be able to recover reimbursement – even though of course they are entitled by law to reimbursement, that this would be unfair trading.
In those cases the customer would be entitled to recover the money paid for enhanced compensation.

Of course this would only be a small amount of money I suppose most people wouldn't bother – but hopefully one or two people will bother.
I rate their chances of success as at pretty well 100% and of course they would recover their court costs – assuming that the courier company didn't put their hands up.

It would be a very stupid courier company that want to take chances on this in court

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I believe that the courier companies are committing an offence by selling insurance when the rights sold in the insurance are already granted by law – the Consumer Rights Act 2015.

 

https://www.legislation.gov.uk/uksi/2008/1277/schedule/1

 

Paragraph 10 –

Quote

10.  Presenting rights given to consumers in law as a distinctive feature of the trader's offer.

 

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