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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.
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Need advice - consumer law

dmp1967

By dmp1967
in General Consumer Issues

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dmp1967

dmp1967

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Before christmas my wife saw a laptop in the window of a shop called cash generator, i told her to ring the shop up to find out the specifications of the laptop before purchasing, she did this explaining we wanted wireless internet.

They advised my wife the laptop had a 40gb hard drive. On being told the specifications and that the laptop was wireless enabled my wife went to the shop and we purchased 4 of the laptops (presents for our childen). The first chance of me have a look at these was 48 hours later, and i found that the laptops were not wireless enabled, only had 20gb hard drives and were all 2nd hand (approx 4 and a half years old). We purchased the 4 laptops for 1316 pounds. they are refusing to take them back as they say they have done nothing wrong, they offered us two deals. first was too take all the laptops back and get 900 cash back, the second deal was a full refund on 2 laptops and keep the other 2. We refused and they will only deal with us through their solicitor.

 

Can soemone advise if we are right to ask for a refund?

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rosiecotton

rosiecotton

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The Sale of Goods Act 1979 (as amended) states that all goods purchased must be of satisfactory quality, fit for normal purposes (including any purpose you make known to the seller) and as described.

 

If goods do not comply with these terms, you have a reasonable time in which to reject them for a full refund. I assume you let them know of the problems as soon as you discovered it. If so, then you will be within this timescale and I would write to them stating that you specifically required laptops for wireless internet and were sold these items as wireless enabled with 40 Gb hard drive. Therefore the items you actually have are not fit for their purpose (of wireless internet access) nor are they as described. Therefore you are rejecting them and require a full refund by (date).

 

If you've been writing to them with no joy, mark this new letter "Letter Before Action" and state that if they do not refund you by the date you have given (which should be reasonable) you will commence court action against them.

 

Ultimately only a court can force them to refund you.

 

The only difficulty I can see is proving what was discussed regarding the specs, as I assume it was all done verbally. Did the laptops have any labels on them in store re. spec?

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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dmp1967

dmp1967

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I let them know 3 days after we bought them. The labels just had the price on it, which is why I told my wife to ring them up. We have proof that we rang them from the phone bill but like you said not the actual conversation.

Will we need to get a solicitor involved to take them to court?

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rosiecotton

rosiecotton

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Not necessarily. Most claims in the small claims track are unrepresented. This is because the small claims court very rarely awards costs for legal representation, so any money you pay a solicitor will not be awarded to you and you'll have to meet those costs yourself.

 

If you get legal aid there's no harm in consulting a solicitor but otherwise I would say arm yourself up with your legal rights and do it yourself.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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dmp1967

dmp1967

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Not necessarily. Most claims in the small claims track are unrepresented. This is because the small claims court very rarely awards costs for legal representation, so any money you pay a solicitor will not be awarded to you and you'll have to meet those costs yourself.

 

If you get legal aid there's no harm in consulting a solicitor but otherwise I would say arm yourself up with your legal rights and do it yourself.

 

Can you tell me where i can find all the info? I can get legal aid just that they said that any more correspondence has to be with their solicitor that scares me a bit.

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