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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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      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.

Lloyds TSB Card Services Claim

richardc

By richardc
in Lloyds Bank

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  • 2 weeks later...
richardc

richardc

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I started off just by asking for statements which came in about 2 weeks.

 

Then, following that fatuous interview when the banks claimed that the high cost was due manual intervention, I submitted further application to David Just for records of manual intervention. I received a couple of days later a form(together with request for £10) from their Data Protection Request Team in Andover. I filled in the parts I wanted to and sent back on 2 Mar.

 

Incidentally, you can request copies of any telephone calls if you know who and when you spoke.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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richardc

richardc

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I agree, but reading through other fora some people have managed to get admissions regarding penalties etc, so it they can retrieve........

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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richardc

richardc

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Or any bank. If you have a note of the date, time and person to whom you were talking, request under DPA - it'll cost £10 but would be invaluable.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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richardc

richardc

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Received copy of data today. No records of manual intervention.

What a surprise!

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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rivendale0506

rivendale0506

Posted
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Did they actually confirm that there were no manual interventions as you asked them to in your letter? or were there just none listed? If there were none listed and you have had some DD's (or other transactions) refused doesn't this prove that what Ian Mullen said about 2 people having to manually intervene in transactions was untrue? Could you use this as a defence in court along with the transcript of his interview?

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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richardc

richardc

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NO they did not say there were none. There just weren't any shown? That is surprising because when I was seriously ill a couple of years ago I did persuade to stop the interest for a few months - no record of that!

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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rivendale0506

rivendale0506

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Hmm seems to me that SOMEHOW (and I haven't got an answer to how!) we have to get them to confirm that there were no manual interventions. Maybe a follow-up letter to a DPA response could say ..."thank you very much....however you have not confirmed, as requested in my letter that there were no manual interventions. In the absence of any being listed (and the requirement of the DPA that any manual intervention should be??) I will proceed on the basis that you agree that there have been none, should I not hear to the contrary from you within 7 days......

 

Thoughts anyone?

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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BankFodder

BankFodder

Posted
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The go back and complain that you consider that the file is incomplete. Tll them that the clock is still ticking and that a complaint will be made if they do not comply.

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richardc

richardc

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Letter already produced and am about to post it!

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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richardc

richardc

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Sorry no scanner at the moment, but letter merely says"Further to my previous correspondence, please find enclosed copies of your Credit Card staements as requested."

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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richardc

richardc

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Your Refxxxxxxxxx

 

Thank you for your letter of 10 Mar o6 together with the enclosed Credit Card Statements.

 

However, I my letter of 23 Feb 06 I additionally asked for for disclosure of details of manual intervention or if there none to confirm that this was the case.

 

As there were no such details unless I hear from you within 7 days I will assume that there were none.

 

Yours sincerely,

 

For BF: LET THEM HANG THEMSELVES ON THIS!

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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intersimi

intersimi

Posted
Posted

Nice one Richard thanks. Your wording is a little off by the way, I hope you rushed the post on the not the letter.

 

Your Refxxxxxxxxx

 

Thank you for your letter of 10 Mar o6 together with the enclosed Credit Card Statements.

 

However, I my letter of 23 Feb 06 I additionally asked for for disclosure of details of manual intervention or if there none to confirm that this was the case.

 

As there were no such details unless I hear from you within 7 days I will assume that there were none.

 

Yours sincerely,

 

I personally would have worded it like this:

 

Your Refxxxxxxxxx

 

Thank you for your letter dated 10 Mar 06 together with the enclosed Credit Card Statements.

 

However, in my letter dated 23 Feb 06, I additionally asked for for disclosure of details of manual intervention or in the case that no manual intervention was taken to indicate this in your reply .

 

Your reply did not indicate that any manual intervention had taken place, so I can conclude from your reply, that an automated process was used. If this is not the case, please reply within 7 days to correct your last reply.

 

Yours sincerely,

regards,

 

InterSimi

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  • 12 years later...
richardc

richardc

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This topic was closed on 03/05/19.

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 their.

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

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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