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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.

      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.

Littlewoods - is it possible?

165721

By 165721
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jonni2bad

jonni2bad

Posted
Posted

Allocation Questionnaire - should they defend, you'll be sent this form.

 

You can now, if you wish, just write a brief letter to the District Judge to let the court know they have refunded £20 of the claim, but you are still continuing with the claim for the remainder.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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165721

165721

Posted
  • Author
Posted

I have had an Acknowledgement of Service from their legal department. They intend to defend all of the claim, signed by a trainee solicitor. Few more days to wait then...

Jack

 

Littlewoods Catalogue, won £300 back by default.

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pugsley

pugsley

Posted
Posted

watching with interest as I just sent off for my credit agreement and deed of assignment to NDR + £1 who are acting on behalf (or sold on ) from Littlewoods

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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vileda

vileda

Posted
Posted
watching with interest as I just sent off for my credit agreement and deed of assignment to NDR + £1 who are acting on behalf (or sold on ) from Littlewoods

 

When I worked for Littlewoods, NDR (Nationwide Dept Recovery)were a department of littlewoods not a seperate company.

 

Vileda

-----------------

Vileda Vs Natwest

09.09.06 S.A.R - (Subject Access Request) sent to NatWest with £10

20.09.06 Statements back to Dec'99 received

21.09.06 Prelim letter sent

02.10.06 LBA Sent

06.10.06 Reply to LBA Received !!!!! thats within 4 days !!!!

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pugsley

pugsley

Posted
Posted

good then they will pass it on. got a letter from debt managers ltd, edingburgh today regarding littlewoods saying court action soon (48 hours) maybe my request has spurred them on to collect the money. They have spelt my name wrong, I wonder what happens to a claim if they get my nme wrong on it?

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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pugsley

pugsley

Posted
Posted

is there a way to track the new postal orders with serial codes btw?

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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callumsgran

callumsgran

Posted
Posted

Should be pugsley, ive just bought one today and it says on the receipt quote

please retain your receipt as proof of purchase. this receipt should be produced if any enquiry or claim is made in respect of the order.

so i presume they will be able to track it at the post office.

in the old days i believe you had to get a p85 i think it was called to track them!

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carlieanna

carlieanna

Posted
Posted

Hi

First of all good for you taking on this horrid horrid company, they have put my poor mum through hell for years and for the 6 months the only balance she has been paying is that of charges.

I will be watcing you thread closely as I would love her to get her charges back.

Good LUCK

carlie

HALIFAX - SETTLED IN FULL - 26TH SEPT

NATWEST - SAR SENT FOR ICLE BRO - 27TH SEPT

ALSO GOING TO START CLAIMS FOR MUM AND DAD:D

BE A STAR GIVE 5% TO THIS SITE

:p IF YA LOVE ME CLICK THE SCALES:p

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carlieanna

carlieanna

Posted
Posted
good then they will pass it on. got a letter from debt managers ltd, edingburgh today regarding littlewoods saying court action soon (48 hours) maybe my request has spurred them on to collect the money. They have spelt my name wrong, I wonder what happens to a claim if they get my nme wrong on it?

As far as I am aware your account is in dispute so they are unable to do this, I would have a look about and see what you can find out on this.

carlie

HALIFAX - SETTLED IN FULL - 26TH SEPT

NATWEST - SAR SENT FOR ICLE BRO - 27TH SEPT

ALSO GOING TO START CLAIMS FOR MUM AND DAD:D

BE A STAR GIVE 5% TO THIS SITE

:p IF YA LOVE ME CLICK THE SCALES:p

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pugsley

pugsley

Posted
Posted

good luck xx

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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165721

165721

Posted
  • Author
Posted

Still no response. Quick question, its says they have 28 days from the date of issue to submit a defence. Today is day 28 from the day they were served with the claim. I can't start a judgment as it says I need to leave it 28 days. Does this mean I will only be able to start it tomorrow?

Jack

 

Littlewoods Catalogue, won £300 back by default.

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jonni2bad

jonni2bad

Posted
Posted

Yes, it should do. Be aware though that a judge is likely to accept a late defence in the interest of 'justice'.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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165721

165721

Posted
  • Author
Posted

Judgment by default requested at 0740 yesterday (11th October), and Judgement issued the same day. There we go, it is possible to do the catalogues. Just be warned they used every tactic to put me off, right up to acknowledging the claim. The only thing they didnt do was defend!

Jack

 

Littlewoods Catalogue, won £300 back by default.

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zootscoot

zootscoot

Posted
Posted

Hi,

 

I too obtained a judgment by default from Littlewoods on 27th Sept. Received a cheque yesterday. Along with a letter from Matthew Taylor trainee solicitor stating that it was not economically viable to seek a set aside. So hopefully you'll get yours soon.

 

All the best

 

Zoot

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165721

165721

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

Jack

 

Littlewoods Catalogue, won £300 back by default.

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If you need to add something to this thread then

 

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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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