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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.

gordonhall v HSBC : WON

gordonhall
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Janet-M

Janet-M

Posted
Posted

CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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gordonhall

gordonhall

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no problem barracad, but I'll wait until the money is ACTUALLY in my account before I fill in the survey and donate!

 

Once it's in, I'll see if the local press is interested in the story. I know its been done loads of times now, but any publicity for the site will be welcome...

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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barracad

barracad

Posted
Posted

Obviously wait for the wonga before you make a donation! :D

 

If the local press are interested, please can you PM a mod as soon as you have any info so we can keep track of what's going on?

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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gordonhall

gordonhall

Posted
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Posted

Of course I will.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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HSBCrusher

HSBCrusher

Posted
Posted

 

I have also added "I do not agree to confidentiality! at the bottom.

 

.

 

Well done bud.

Would have replied sooner, but I have been away for the weekend.

Nice touch that, I crossed out the confidentiality bit, but this just puts the icing on the cake.

Congratulations!

Any ideas on when the money wil hit the account, mine hasn't made it yet.

 

Crusher :grin:

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ehake

ehake

Posted
Posted

I am going to send a first letter to HSBC Ombudsman to ask for my Overdraft charges back. They are in the region of £1000 over a year. Please could you advise me of anything important to include in the letter.

 

EH

 

:???:

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gordonhall

gordonhall

Posted
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Posted

HSBC Crusher - hope you had a good break!

 

The letter from the solicitor said it should be in my aco**** the next day, and if it isn't there in a week, for me to phone them! I'll stop the action thorugh moneyclaim ONCE the money has arrived in my account.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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gordonhall

gordonhall

Posted
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Posted

ehake.

 

To be honest, the tried and tested formula of the templates works just perfectly. Its not worth trying to construct your own when we know the letters work perfectly.

 

Open up your own thread and we can all follow your progress. All the best in your claim and don't be put off by anything they say or do, the banks are bullies, and we know the best way to deal with bullies is to stand up to them!

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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gordonhall

gordonhall

Posted
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Posted

Checked my online banking this morning, and there it was (actually, still is for another week!) - £2154.46 in all its glory.

 

I'm thinking of going down to the bank and drawing it out in one pound coins, just to make the bank staff count it with me!

 

And then tomorrow, I might put it all back in again, just to make them count it again!!

 

 

Thanks to everyone who has helped me and given me the strength and determination to keep going through this. It's been just over two months from start to end, but actually, an extremely enjoyable experience (hows that for alliteration). The more I read around the other threads, and saw how things worked out for people, how much the banks tried one tactic and then another, it was good to know that as long as I stuck to my guns, I'd get there in the end.

 

I'm off to update the survey and donate.... I suggest others do the same!

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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HSBCrusher

HSBCrusher

Posted
Posted
Just had a final letter from HSBC solicitors, it reads...

 

 

Dear gordonhall,

 

Thank you for returning the signed settlement letter.

 

We confirm the agreed sum will be credited in the next day or so. If the credit does not appear within the next week please telephone the write and we will chase the Bank.

 

 

Yours Faithfully

 

DG Solicitors

 

 

NOWHERE in that letter does it mention the fact that I refused confidentiality. Not only did I cross out the bit on their previous letter that requested it, I made the added point of writing "I do not agree with this".

 

So for the record, I would say don't agree to it - it's just a final bullying tactic, designed to let you know who is boss!

 

 

Well done Gordon, it isn't over untill the money is actually in your account.

I got his letter today, so hopefully I will not have to wait too long now.

 

As for drawing the money in pound coins, what about pennies, 2 pence, 5 pence etc, and then mix them all up, then pay them back in.

 

before you do, spray them with something oily or sticky.

 

 

Crusher :D

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gordonhall

gordonhall

Posted
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Posted

"As for drawing the money in pound coins, what about pennies, 2 pence, 5 pence etc, and then mix them all up, then pay them back in.

 

before you do, spray them with something oily or sticky."

 

 

 

How about a stink bomb?

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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HSBCrusher

HSBCrusher

Posted
Posted
"As for drawing the money in pound coins, what about pennies, 2 pence, 5 pence etc, and then mix them all up, then pay them back in.

 

before you do, spray them with something oily or sticky."

 

 

 

How about a nail bomb?

 

A bit harsh?

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Spiceskull

Spiceskull

Posted
Posted

A great result - well done, and further proof that patience wins out in the end.

 

I must confess that when I had my money refunded, I took great pleasure, and was grinning like a cheshire cat, in going to the branch and drawing some money out...I was desperate for a member of staff to ask me what I found so amusing...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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gordonhall

gordonhall

Posted
  • Author
Posted

Crusher - that's just not playing fair - I was just happy to create a stink!!!

 

 

 

 

And actually, I don't know how to use old quotes and sit it in a nice blue/grey box like everyone else does.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 12 years later...
gordonhall

gordonhall

Posted
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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

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Thread Locked

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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 

 

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