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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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      If you are buying a used car – you need to read this survival guide.
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      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

charleyfarley v abbey ***WON***

charleyfarley
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KnellyK

KnellyK

Posted
Posted
I'm a Sales Rep for goodness sake........always let the other people think they've got one over on you!!!!:D :D

 

Of course!

 

I bet you hang your jacket on the little hook in the back of the car as well!

 

Seriously though! Well done ~ it's been an entertaining journey!

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andypal

andypal

Posted
Posted
Hi Charley

I can see that u are getting a bit impatient:o . What's the rush, or should I ask why rush? Shabby will cough up the charges faster than how they took them. No telephone conversations now(being naughty). Resort to letters/emails.Still have 3 weeks to go.;)

 

/quote]

 

Hi Charley! Just wanted to say I am sorry for the above quote I placed on your thread regarding being impatient. I was over the top in both ways (drunk/language) Even though you have been successful, just want say this, I am very pleased for you and spend it wisely;) as u worked hard enough.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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determindator

determindator

Posted
Posted

Hello Charley,

 

Fantastic news that you have beaten Abbey. I have been following your thread and 'The Charley's Angels' ladies. I have a couple of questions because you have experienced the Court fiasco. Firstly, can you tell me if there is a significance of having a copy of terms and conds. I say this as I worked in the banking industry for 20 yrs and it is only a copy of the original,which should be kept at all times by the bank. If they do not have a copy they have a problem because it is their duty to have a signed agreement with the customer. When you attended a bulk hearing do you all go in together or how does it work? Why are the Courts allowing this utter waste of time if the Banks resind at the last minute?

I thought I had a major result. I sent the original claim via Money online. On the 14th day I entered judgement. It was accepted on line. thought as I had caught them over a Bank holiday they must have had annual leave affecting their response. Oh no, not a chance, the next day I recd a letter from the Court stating there was a bar on the judgement. After enquiring it turns out their is a response in the bulk system which is probably their defence. It is not on the system yet and the clerk apologised for lack of more info.

I look forward to your input.

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charleyfarley

charleyfarley

Posted
  • Author
Posted

Hi Determind

 

This latest business with T&C's has come about quite recently since the Birmingham Judge's decision in the Lloyds case, so I have to admit it's passed me by a little bit. I think the key point is that different Banks defend on different points......which is why the Lloyds defence doesn't affect the Abbey claims.

 

As to the bulk hearing, I presume you are referring to the Mercantile hearings. Robdblynd is the in-house expert on this,but I get the impression that the courts are trying to force the Banks to face a Court, and see this as the best method of a) clearing the backlog of cases and b)getting one of the Banks inside a Court.

 

As to your final point.............the thing that annoys me more than anything about the whole court process is that surely the Judges and courts realise it's indivduals against massive businesses, but they still seem to weight their actions ,procedures, and decisions in favour of the Big guys, when it should be the other way round. If we were to miss a deadline we would be more than likely struck out. If the Banks miss a deadline, they are given a reprieve and more time to delay and prevaricate:mad:

 

 

 

Ps...........are you Determined Data, or Determined Dater?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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deedee1310

deedee1310

Posted
Posted

CONGRATULATIONS CHARLEYFARLEY!!! :D :D :D

 

I'm a day late I know but have a had a busy last two days, so have missed my installment of your thread. :(

 

Well done! I'm way behind you at the moment (still at prelim stage) but will picking all your brains when I get a bit further along.

 

Once again congrats and hope you'll stick around the Abbey forum.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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charleyfarley

charleyfarley

Posted
  • Author
Posted

letter of confirmation received yesterday, cheque paid into my account today............

 

 

spend it next Wednesday

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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charleyfarley

charleyfarley

Posted
  • Author
Posted
oh......that means I'm the only one who hasn't got mine! :(

 

 

Well C.

 

Was the bet for cleared funds?;):)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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charleyfarley

charleyfarley

Posted
  • Author
Posted

I thought you were a three-legged horse,hun?

 

Not much use in a b**t kicking contest;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Rooster-UK

Rooster-UK

Posted
Posted

Congratulations, C.F.

Could you spare few minutes to fill in the Refunds Survey?

 

If you feel that the CAG has helped you in your claim, remember that it is the donations of previous winners that made it possible for us to help you.

If you would now like to help someone else, we would be happy to accept a small donation. It's not compulsory, of course, but would be appreciated.

 

Once again, Well done, You.:D

 

Regards, Rooster.

 

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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determindator

determindator

Posted
Posted
Hi Determind

 

This latest business with T&C's has come about quite recently since the Birmingham Judge's decision in the Lloyds case, so I have to admit it's passed me by a little bit. I think the key point is that different Banks defend on different points......which is why the Lloyds defence doesn't affect the Abbey claims.

 

As to the bulk hearing, I presume you are referring to the Mercantile hearings. Robdblynd is the in-house expert on this,but I get the impression that the courts are trying to force the Banks to face a Court, and see this as the best method of a) clearing the backlog of cases and b)getting one of the Banks inside a Court.

 

As to your final point.............the thing that annoys me more than anything about the whole court process is that surely the Judges and courts realise it's indivduals against massive businesses, but they still seem to weight their actions ,procedures, and decisions in favour of the Big guys, when it should be the other way round. If we were to miss a deadline we would be more than likely struck out. If the Banks miss a deadline, they are given a reprieve and more time to delay and prevaricate:mad:

 

 

 

Ps...........are you Determined Data, or Determined Dater?

 

 

Hi Charley Farley,

 

Thank you for the information which will help me on my mission. I have had a 65% offer of amount claimed. I have put a question to them and ask they review their offer. The court process is still running along side this as they are defending and then an allocation form will be sent. Totally agree with courts giving extra time to these corporations. Abbey was late at the very beginning but the court gave them extra time. I will remember that if I need it!!

My user name came from from something much more simplistic which is determind and the end of the word exterminator! (it reminded me of the darleks) I like your views on it though

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AppleCrumble

AppleCrumble

Posted
Posted

hi charley, sorry to bug you but is there a link to the spreadsheet of costs incurred? I've been looking and looking and can't find it.

 

(Abbey are trying to settle with me now, just 10 days to go until my court date, they have replied to any court correspondance to me and also I've not received a court bundle ... strongly suspect they haven't submitted one to the court! (have they ever?) - will ring to double check. At this late stage they contact me to settle! I want to punish them for making me wait so I want to get back my wasted costs!)

 

thank you

Apple x

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Muffintop

Muffintop

Posted
Posted
Well, Abbey haven't forgotten about me after all...........defence received today. Usual stuff about "fees reflect and are proportionate to administrative expenses, Claimant remains liable to pay such fees as may be found to be proportionate"

 

I don't think so, so stand up in Court and prove it:)

 

 

PS No GOGW of 50% . Maybe I've been bad and don't deserve it.

charley any chance you could post your defense for us other poor soals claiming with abbey

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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