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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.

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      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.

Gardner vs Lloyds - They've acknowledged! Help

Jedsmum

By Jedsmum
in Lloyds Bank

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Jedsmum

Jedsmum

Posted
Posted

I am claiming on behalf of my son from Lloyds TSB Bank. Ive sent two letters requesting return of charges and now have filled in and sent the claim on line. We have received the notification from the court that the papers have been sent and we have now received a notice from the court that an Acknowlegement of Service of claim has been filed. Lloyds TSB are being represented by Solicitors Martineau Johnson of 78 Cannon street who have ticked the box to indicate that they will defend all of the claim. Is this what usually happens?

 

Jedsmum

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Lorraine

Lorraine

Posted
Posted

Make me number four - also received my acknowledgement today, same Solicitor - they are going to defend.

 

They must have been busy yesterday!!!! typing up all those letters to us little people. Am awaiting next stage.

 

Will keep a beedy ie on you lot to see where we all go on this.

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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Empire Strikes Back

Empire Strikes Back

Posted
Posted

Me too, the same solicitor acknowledged yesterday, but als have had a letter from the solicitors saying that i have not provided details of the individual charges! did you send a spreadsheet in with your court claim, dont know if I should send the solicitors a copy of spreadsheet. Will keep and eye on everyone in the same stage

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Krystyna

Krystyna

Posted
Posted

Count me in to I got mine on the 3rd May it was served on the 20th deemed served on the 22nd acknowledged on th the 28th. My my they are busy I wonder if it is a job lot and Lloyds got a discount price.

 

Krystyna

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rachel2609

rachel2609

Posted
Posted

Hello,

 

Another one here with acknowledgement to my Mum from the same Solicitors - busy little bees aren't they!

 

Rachel

Doing this on behalf of my lovely Mum!!

 

LTSB No1 - £200+£31.70+£30 = £261.70 COURT DATE SET 8TH NOVEMBER 2006

LTSB No2 - £423 +£124.16+£80 = £627.16 DEFAULT JUDGEMENT GRANTED DUE TO NO SHOW FROM LTSB

Yorkshire - £498+£102.64+£80 = £680.64 COURT DATE TO BE ADVISED - ALLOCATED TO SMALL CLAIMS TRACK

Citi - £1600+£361.46+£120 = £2081.46 CHEQUE RECEIVED F&F SETTLEMENT 07.06.06

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reload

reload

Posted
Posted

Remember: Don't blink!

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Jedsmum

Jedsmum

Posted
  • Author
Posted

Nice to see we are all in it together. Bankfodder in the concluded litigation thread has said its ok to email him if Lloyds send a defence. Hes managed to successfully sue although they have apparantly removed his check book. In our case they downgraded the cash card from Visa Delta to Visa something else (can't remember what the name is) which limits its use, and they have threatened to remove the check book, credit card and overdraft limit. Wait till Jed's a famous rock star, then they'll be sorry!!

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reload

reload

Posted
Posted

Visa Electron more likely than not - although it seems more and more places are accepting those as true debit cards nowadays too. Good luck with your claim Jedsmum, and keep us informed :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Rathercross Charlie

Rathercross Charlie

Posted
Posted

I'm in a similar case to you Lloyds have followed the same track. I think you'll find that their solicitors (Sechari and someone, based in Brighton) are their in-house team of pet lawyers (all banks have them for litigation), nothing to worry about. Cahoot did exactly the same thing to me and paid up £1500 a week later out of the blue!!

Charlie

 

Won so far....

Lloyds Bank - £8500

Lloyds Mastercard - £800

Egg - £1500

Cahoot - £1500

HFC - £180

GE Money - £600

Midshires - £1100

Friends, family & neighbours I've helped - £5000+!!

 

Currently working on...

 

Charges:

Lloyds (again) £2200

CCA:

Lloyds (yawn) & Egg

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Mgizmogpc

Mgizmogpc

Posted
Posted

Martineau Johnson were the solicitors acting on behalf of lloyds in my case, they'll acknowledge and even go to the Allocation Questionnaire stage, but they WILL NOT go to Court. All of the Banks and their pet Solicitors are pussies where this issue is concerned. some number cruncher has determined that certain percentages of claimaints will drop out of the claim process if certain types of letter are sent, some will settle for less, some don't want the hassle, some will be too worried to continue and drop the matter entirely. If that happens they save some money. They know the position is indefensible in the court so they rely on intimidation to reduce losses. Do not blink they will settle, they did with me and we went right upto the eleventh hour with the Allocation Questionaire. I suspect that the next step will actualy be right upto the door of the court if the previous tactics described become less effective due to publicity on this site of shared experiences. They WILL NOT WALK THROUGH THE DOORS OF THE COURT AND STATE THEIR CASE, PERIOD!!!!:)

all ideas and information exchanged willingly, bounce the ideas around,it helps everyone at the end of the day, good luck to you all and God Bless...LoL Graham & Yvonne

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Lorraine

Lorraine

Posted
Posted

Just doing a bit of catch up here. Just realised my deadline is 29th May - Monday - which i think is the Bank Holiday.

 

Nice to read all of your comments above, great reassurance to all of us. Still awaited the questionnaire - tick toc, nail biting etc etc, growing greyer by the day but will go ahead.

 

Hope the rest of you are going great guns.

Keep at it and will keep an eye on here!!!!

 

Would love to be a fly on the wall at Martineau Johnson!!!!

 

Lorraine

Halifax - Since 2003 £1,186 DPA Request: 24.03.06

PRL - sent Recorded 05.04.06

Letter received 07.04.06 - Thanks but No thanks

LBA - 20.04.06 Refused Money Claim filed 08.05.06

Served 14.05 Acknowledged 16.05.06 - 28 days to go

:D WON - PAID IN FULL 25.05.06

Lloyds [/i]- Since 2000 £780.31 - DPA Request: 23.03.06

PRL - sent recorded 10.04.2006

Letter Rec'd 13.04 - Not interested

LBA - 13.04.06 Money Claim filed 25.04.06

Served 01.05.06 & Acknowledged 03.05.06. - 28 days to go

Defence received 25.05 - Here we go

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Krystyna

Krystyna

Posted
Posted
Just doing a bit of catch up here. Just realised my deadline is 29th May - Monday - which i think is the Bank Holiday.

 

Nice to read all of your comments above, great reassurance to all of us. Still awaited the questionnaire - tick toc, nail biting etc etc, growing greyer by the day but will go ahead.

 

Hope the rest of you are going great guns.

Keep at it and will keep an eye on here!!!!

 

Would love to be a fly on the wall at Martineau Johnson!!!!

 

Lorraine

Hi Lorraine

 

Same here, I am waiting for the questionaire too.You are just 9 day behind me.

the deadline for me is the 20th hopefully I will hear Friday/Saturday failing that Monday. The fun starts then filling in the questionaire.

 

Krystyna

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alisonstephenson

alisonstephenson

Posted
Posted

hi, i'm a newbie, can you help me im kinda stuck and you sound like u know what to do? i have sent one letter asking for bank charges / statements which i did get and then another asking for around £1600 backincluding the interest. they have replied saying no and telling me to consider stopping banking with them. i left them over a year ago. what do i do now? do i reply to the letter giving them longer or do i go straight to moneyclaim? help please im lost!!

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rivendale0506

rivendale0506

Posted
Posted

Hi AllisonStephenson - First thing you must do is start your own thread. (or the moderators will be ticking you off! :-) Just start one under the heading of the bank you bank with and call it AllisonStephenson vs (Bankname).

 

Secondly you have already started the process, by sending the preliminary letter. Do not break step - send the Letter Before Action from the template site. Whilst you are waiting for a reply to that - Go back and read All the FAQ's again and the step-by-step instructions. Once they reply to your LBA telling you to get lost - file a claim at Moneyclaim online. Its all in the Step by Step Guide.

 

Hope this helps.

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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Cmdenny

Cmdenny

Posted
Posted
Visa Electron more likely than not - although it seems more and more places are accepting those as true debit cards nowadays too. Good luck with your claim Jedsmum, and keep us informed :)

 

Halifax forcibly changed my account to Visa Electron after a period of bad finances. I wouldnt worry the card is fine to use in 90% of shops, and most online places. The real hassle of my a/c now I am officially registered as a "peasant" is that it takes 10days for cheques to clear. Still, not the greatest hardship.

HSBC, FS £100

Hfax Credit Card Full Settlement £330

Lloyds FS £503 (had to do moneyclaim + allocation questionaires

Halifax Full Settlement £979

Lloyds Credit Card Moneyclaim raised.

 

03/05/06 Fraud case with Egg resolved after 2 1/2 months!, full refund of fraud amount+interest+charges (£1060). Apology and cheque for £300 - BBC Working Lunch helped scare them into action.

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wowseruk

wowseruk

Posted
Posted

hi fellow hopefuls!

 

it sure does look like lloyds and there appointed ones are busy at the moment with all of us chasing them for our money back!

 

i'm not quite at this stage yet (just received the standard customer care letter - telling me that they should get back to me in around two weeks!!! the cheek of it! ha ha)

 

to be honest, it scares me a little to see that this is the line they are taking... solicitors / court defence etc... do they know something we don't or is this what they are trying to do... to scare people off?

 

i wait with baited breath to see how it goes for you all... GOOD LUCK!

 

lee

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jifandfi

jifandfi

Posted
Posted

jifandfi here.............I also got a "I intend to defend all of this claim" letter today.............from MARTINEAU JOHNSON they have definately got their work cut out..........

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  • 12 years later...
Jedsmum

Jedsmum

Posted
  • Author
Posted

This topic was closed on 10 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

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