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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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      Hello,

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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

GoAllTheWay -v- IF

goalltheway

By goalltheway
in Intelligent Finance

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goalltheway

goalltheway

Posted
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Posted

My claim is for £319.49 and it was issued on 13/12/2006 and was deemed served on 18/12/2006. IF had until 02/01/2007 to reply but did not.

I then requested a notice of judgement to be entered on 04/01/2007 for IF to pay immediately. Nothing has been done.

I have just received a call from Rhona Kerr-Sloan, customer relations consultant from IF, she informed me that my claim was sent to Halifax as they were dealing with it.

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whitemouse75

whitemouse75

Posted
Posted
Did you receive a defence or an Acknowledgement of Service from the Court?

 

If so then IF have 28 days from the date of service to defend or pay your claim.

 

You need to read some more, start here so you fully understand the process you are involved in. Also please stick to one thread, it is very difficult to track your progress and offer help if you make multiple posts like this.

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

 

the faq's dont actually cover his question though do they?

 

judgement has been granted, if havent paid and he's wondering whether or not to start the warrant process, as am i.

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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blueskies

blueskies

Posted
Posted

FIVE threads merged, please keep all questions in this thread please

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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goalltheway

goalltheway

Posted
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Posted
the faq's dont actually cover his question though do they?

 

judgement has been granted, if havent paid and he's wondering whether or not to start the warrant process, as am i.

 

 

Hi there, have you managed to get an answer re the warrant process?

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hagenuk

hagenuk

Posted
Posted

Look here for details for issuing a Warrant of Execution.

 

Warrant of execution

 

However, be aware that if you do this and the bank object, they can file for a Stay of Execution.

 

You do not need to be told about this and the bank will almost certianly be granted a Stay of Execution.

 

Have you contacted them and told them that you have a Judgement in Default and that you will issue a Warrant if you do not recieve immediate payment?

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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goalltheway

goalltheway

Posted
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Hi all, I just wanted to say that I have won. IF have paid out.

Thanks to all of you that helped me out. I had to wait for two months but I feel great knowing that justice has been served.

Best of luck to you all and be patient. You will get paid.

I must go and donate so that this site keeps on helping other people.

 

 

20/11/2006 LBA sent. NO REPLY form IF

12/12/2006 MCOL

13/12/2006 Claim issued

18/12/2006 Claim deemed served. NO REPLY from IF

04/01/2007 Notice of Judgement entered. NO REPLY from IF

15/01/2007 Contacted IF

19/01/2007 WIN WIN WIN WIN WIN :D:p:):lol:

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whitemouse75

whitemouse75

Posted
Posted

well done matey, i'm hoping for a cheque TODAY or else!!

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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