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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.

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      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.

The bank reads these

finman

By finman
in Lloyds Bank

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finman

finman

Posted
Posted

I have been informed from the bank that they do read these threads to see what level of threat it is to them. I have an inclination that they may also tally our letters upto the threads. So I will be nice Mr bank manger but will you just give me my dosh back?:rolleyes:

Lloyds TSB

15/06/06 Settled in full

British Credit Trust

08/06/06 LBA Letter Sent

First National

30/06/06 Money Claim 6QZ55487

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Bookworm

Bookworm

Posted
Posted

So let them.

 

We are conducting ourselves in a lawful manner, they're not.

 

I have my doubts as to whether they can match us to our posts anyway. If they did, the Barclays chap I spoke to the other day would have refunded me, not ignored my request for £30. I have 2 out of 3 refunds so far on my Moneyclaim, and in the last stages ot the 3rd. If that doesn't tell him I mean business, nothing will!!! :p

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Neo

Neo

Posted
Posted
I have an inclination that they may also tally our letters upto the threads.

 

Now that would be Manual intervention ;)

 

I doubt they could even start to tally, I deliberately leave the pence off my claims or change it by the odd pound just so they can't search me...

 

I don;t think they have the time, but it;s a nice thought that they are doing it!

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Spiceskull

Spiceskull

Posted
Posted

What I want to know is why they are wasting time reading bulletin boards when they should be managing my bank account...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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finman

finman

Posted
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Posted
:) I agree, but they are thinking damage limitation. I have also taken my amounts sought off and my location, just in case. It still does not change the outcome either, they are wrong in the first place in taking our dosh

Lloyds TSB

15/06/06 Settled in full

British Credit Trust

08/06/06 LBA Letter Sent

First National

30/06/06 Money Claim 6QZ55487

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dave

dave

Posted
Posted

It matters not - they are not allowed here under the rules - their IP addresses are logged (and reverse DNS'ed, so we KNOW which banks have visited and when).

 

We also know of when a bank employee (high ranking at least) has visited - but I'm not going to tell you how ;-)

 

There's not that many to be honest - HSBC are in here most days, as are Barclaycard and Nationwide, however I doubt that they really care all that much - we're not even a thorn in their side yet (unlike the OFT is now), and to be honest, does anyone think that they care about their customers that much that they would spend that much time trying to work out who was who? I don't. I think they believe that they are above the law and also that customers are plentyful - who cares if they have to pay off a couple and lose them?

 

....or am I trying to lull them into a false sense of security? ;-)

 

It's academic really - if people have the resolve, then they are going to get their money back - the only thing the banks could gain from being here is the fact that if someone says in a post "I'm scared - I don't want to co to court." and then they can identify that person, they could apply pressure from their legal dept. to scare that person off.

 

Once people reaslise that the courts are there to protect US as well as huge businesses and even (as some people have done already) visit a court and be shown around to have their mind put at rest - then this fact will become largley irrelevent.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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mortuk2k

mortuk2k

Posted
Posted

I would've thought it was a forgone conclusion that the banks read here. In my opening thread I even considered saying hi to the Lloyds folks.

 

Doesn't bother me one jot, they can't possibly gain anything from it other than to pass an idle hour over lunch or something and indulge their curiosity.

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  • 12 years later...
finman

finman

Posted
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Posted

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Lloyds TSB

15/06/06 Settled in full

British Credit Trust

08/06/06 LBA Letter Sent

First National

30/06/06 Money Claim 6QZ55487

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because no one has posted on it for the last 6622 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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