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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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The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

kelly101 vs Nationwide *WON*

kelly101

By kelly101
in Nationwide Successes

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kelly101

kelly101

Posted
Posted

Hi peeps,

 

I'm in the process of claiming £317 of charges from Nationwide and I'm at step 6, having received the "our Members Service Dept. will review your complaint, blah, blah, blah", and plan to issue a court claim. Since sending the LBA I have incurred more charges on my account. Can I add them onto this claim and place that sum on the court claim or do I have start at square 1 to retrieve them too?

 

Thanks in advance.:)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

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  • 1 month later...
kelly101

kelly101

Posted
  • Author
Posted

Hi all,

 

I filed my claim for £372.55 at the local County Court. It was issued on 9th February and deemed served on 11th February. Nationwide acknowledge it on 14th February indicating an intention to defend all of the claim :-|. I've been checking my account since then and I still haven't received any mystery credits. I notice many others have received at least partial payment within a week or so of acknowledgement. Nationwide still hasn't submitted a defence though. Is that a good sign, or should I be worried? I'm reading up on what could happen next just in case but I'd be grateful if someone could share their knowledge and/or experience.

 

Thanks

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

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And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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lori1

lori1

Posted
Posted

hi kelly, i wouldn't worry just now.....it seems they are inudated with claims, you may however receive an allocation questionnaire from the court, so i would have a read up on how to fill this in,just think of the interest you are gaining while they still have your money.x

  • Haha 2

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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kelly101

kelly101

Posted
  • Author
Posted

Thanks for the reassurance Lori :). It's like the calm before the storm and it's making me nervous lol. I have been checking out the AQ guide but... I'd rather they didn't let it go that far. Not that I won't fight if I have to but it would be so much more pleasant if they would just pay up. :p

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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kelly101

kelly101

Posted
  • Author
Posted

OMG OMG OMG :o I just checked my account for the 3rd time today and there it was staring back at me 'Correction £347.42'. :D That's a partial settlement. I will be pursuing the other £25.13. And to think that yesterday I was having cold sweats about having to see them in court. :p Now I need to calm down and think about a carefully worded acceptance of partial settlement letter.

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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lori1

lori1

Posted
Posted

well done kelly!!!!!!!!!!!!i'm so pleased for you, you should be chuffed to bits because you done it yourself...well done !!!!!xxxxxxxxx:D

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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kelly101

kelly101

Posted
  • Author
Posted
well done kelly!!!!!!!!!!!!i'm so pleased for you, you should be chuffed to bits because you done it yourself...well done !!!!!xxxxxxxxx:D

 

Hi Lori,

 

Thanks! I couldn't have done it without this fantastic site and everyone sharing their experiences. That said, I've still got to see if and when they put the interest in. I'm just popping to my local branch to ask them what the mystery credit is.:p One question, do I have to let the court know that I've received partial payment, or do I wait and see if they credit my account with the interest first? I've looked in the FAQs and step by step instructions but I can't find anything.

 

Thanks

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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lori1

lori1

Posted
Posted

when your claim is settled you have to let them know but it hasn't yet,it may be worthwhile phoning them and asking when you will get the rest.this has worked for others.x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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kelly101

kelly101

Posted
  • Author
Posted

Funnily enough, I was just about to give them a call and I thought I'd check my account beforehand, just in case. There was the remainder of my claim staring back at me under the guise of 'credit by cash' lol. I guess that is me fully settled then. :D I'm just waiting for the 'we don't like you anymore, we are closing your account' letter. Thanks for the support Lori and good luck with your claim. I'll be following it with interest :)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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lori1

lori1

Posted
Posted

WELL DONE!!!!!!!!!

aww kelly well done, i am so pleased for you, bet you feel great knowing that you took them on and won!!

xxxxxxx:D

lori x

PLEASE HELP OTHERS, WHEN YOU WIN YOUR CLAIM GIVE A LITTLE BACK

 

 

Nationwide **WON**- £3,880.00 14/03/07

 

Nationwide Claim 2 LBA sent 13/03/07

 

 

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  • 2 weeks later...
kelly101

kelly101

Posted
  • Author
Posted

An update:

 

Nationwide submitted the defence 'we've already paid'. :lol: Good defence Mr. Bacon!!

 

I waited patiently for my account closure letter but if I'm not mistaken Natiowide seem to have changed tactics regarding account closure in light of the recent Alliance & Leicester fine. They've decided to give me a second chance - aren't they generous!

 

The relevant bits of the letter I received from them today:

'Although we have refunded charges to your account on this occasion, we are unable to provide you with a current account that is completely free of charges.'

 

I'm wondering when I requested an account free of charges?!?!? I thought I was contesting the extortionate charges rather than the penalties in principle. Anyway, they then went on to say:

 

'We will, therefore, expect you to comply with the terms and conditions of the account, in future. If you are unable to do so, it may be appropriate for you to make alternative banking arrangements as it may be necessary for us to give you 30 days notice to close your account if further breaches of the terms and conditions arise.'

 

Have they re-worded their letters or is this standard? Do I write to them to ensure them that any future unlawful charges will indeed result in court action again? I was rather hoping to go a second round with them about account closure. :p

 

Any thoughts?

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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  • 2 weeks later...
Nick SPX

Nick SPX

Posted
Posted

Haha..........great lettter.

 

If I were you I'd open a parachute account anyhow and carry on as normal. If they choose to close it later on then complain a la Alliance and Leicester.........

25/10/06 - S.A.R - (Subject Access Request) Posted vs Nationwide

31/10/06 - Confirmation S.A.R was Received.

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kelly101

kelly101

Posted
  • Author
Posted

Thanks Nick, have done and will do.

 

Kelly

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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