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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.

Got a court date, should I switch accounts now?

Da2K

By Da2K
in Lloyds Bank

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Da2K

Da2K

Posted
Posted

I have a court date set for my case against LTSB, and I have a new bank account set up so I can stop giving them my money. Now hopefully they'll settle before the court date, as is the usual trend, so I am wondering if there is anything wrong with switching my current account now (ie. transfer all DDs/SOs over), or will this affect how they deal with my case?

 

Thanks in advance for any help!

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GaryH

GaryH

Posted
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You kinow what you need to provide with regards to your court bundle, yes?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Da2K

Da2K

Posted
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You kinow what you need to provide with regards to your court bundle, yes?

 

Not really, not been keeping up to date with things on here really, what with xmas and a new baby keeping me busy.

 

Has anyone been to court yet? And if so, what will I need?

 

:shock:

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Da2K

Da2K

Posted
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You kinow what you need to provide with regards to your court bundle, yes?

 

Any advice on this would be greatly appreciated, as the court date is just over two weeks away, and don't I need to send the evidence I'll be using within 14 days of the court date?

 

What should I send? Who do I need to send it to? Do I need to fill in a form etc?

 

I've searched the site for a court bundle but can't find it.

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GaryH

GaryH

Posted
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With regards to your evidance, you need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

You need to act quickly. Get this all off ASAP and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Da2K

Da2K

Posted
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With regards to your evidance, you need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

You need to act quickly. Get this all off ASAP and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

 

Many thanks GaryH, I've done that, and I just called SC&M. The woman asked my name, and how she could help, I asked if they'd sent me any documents. She said she didn't know, and they are too busy to look up individual cases. So with the deadline being tomorrow presumably either its in the post, or they aren't bringing any evidence to the table?

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christinajanep

christinajanep

Posted
Posted

you wont get any ebidence from lloyds and u wont see them in court either as they will settle before then, i wouldnt bother calling scm as they wont give u any info as ur so close, get your court bundle together just incase, but keep checking ur bank to see if the money goes in,

i'm due in court on the 15th, what about u

 

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Da2K

Da2K

Posted
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you wont get any ebidence from lloyds and u wont see them in court either as they will settle before then, i wouldnt bother calling scm as they wont give u any info as ur so close, get your court bundle together just incase, but keep checking ur bank to see if the money goes in,

i'm due in court on the 15th, what about u

Mines a few days after yours, and I don't have anything from them, and I'm not holding my breath either. Its kind of reassuring to hear them say they're too busy to look at individual cases don't you think?

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christinajanep

christinajanep

Posted
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the people that answer the phone are not lawyers and have very little legal training what so ever so they dont want to put there foot in it i guess so saying they cant find your file or ther to busy is a way to get u off the phone, i called them yesterday chasing up something i hadnt even sent to see what there response would be, called again this morning and she said she'd received in after i had called, ha ha when i told her i hadnt sent it and i didnt like being lied to she put the phone down, lol

 

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datxman

datxman

Posted
Posted
the people that answer the phone are not lawyers and have very little legal training what so ever so they dont want to put there foot in it i guess so saying they cant find your file or ther to busy is a way to get u off the phone, i called them yesterday chasing up something i hadnt even sent to see what there response would be, called again this morning and she said she'd received in after i had called, ha ha when i told her i hadnt sent it and i didnt like being lied to she put the phone down, lol

 

It's great when you catch them out isn't it LOL:D

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Da2K

Da2K

Posted
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Posted
the people that answer the phone are not lawyers and have very little legal training what so ever so they dont want to put there foot in it i guess so saying they cant find your file or ther to busy is a way to get u off the phone, i called them yesterday chasing up something i hadnt even sent to see what there response would be, called again this morning and she said she'd received in after i had called, ha ha when i told her i hadnt sent it and i didnt like being lied to she put the phone down, lol

Well done!! :p

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datxman

datxman

Posted
Posted

I'll join you in that lol:D

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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