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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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      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.

Enough Is Enough - Settled In Full!

Mariana

By Mariana
in Halifax and IF successes

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thewifeandI

thewifeandI

Posted
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An excellent letter - I know a company that might be receiving a similar one soon (not Halif*x this time though).:mad:

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Mariana

Mariana

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Halifax has clocked up FOUR calls to me so far today (only 12:24 now!). I have choose not to answer it (I recognise the number -08708503492 - that shows on my mobile). Just wondering, if this continues, what do I do next?

 

Hope you have better luck than I, Jeep!

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Spiceskull

Spiceskull

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Do you have incoming calls, even unanswered ones, recorded on your bills, or anyway to get this information? Four calls in the morning, from ANYONE, could be interpreted as harrassment. I would definitely report them to the relevant authorities, and copy them in on each and every letter you send.

 

You have insisted these calls stop, told them your actions if they continue, they have done so you need to follow through on this. ANY evidence of these calls will be great ammunition - do they leave a message on your answerphone?

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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Mariana

Mariana

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Do you have incoming calls, even unanswered ones, recorded on your bills, or anyway to get this information? Four calls in the morning, from ANYONE, could be interpreted as harrassment. I would definitely report them to the relevant authorities, and copy them in on each and every letter you send.

 

You have insisted these calls stop, told them your actions if they continue, they have done so you need to follow through on this. ANY evidence of these calls will be great ammunition - do they leave a message on your answerphone?

 

Hi Spiceskull

 

No, no incoming calls are recorded. I will contact the provider and query whether a list of this can be obtained.

 

I have been keeping a record since 31/5/2006.

 

They do not leave a message, however if you ring the number which appears on the screen, if ONLY says that one of OUR representatives has called and will get in touch later - it does say WHO called or for WHAT reason .... surely, that in itself is not tollerated ....

 

Just had another call - that makes it FIVE so far.

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Spiceskull

Spiceskull

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Have you got call recording set up? If so, I would call them, say that you have had one call an hour for the last five hours, and INSIST that they cease forthwith. If you receive just one more call you will report them to the relevant authorities, and you will also report them to OfCOM (I will look up the relevant bits here, but they must be abusing some service agreement in doing this, and it is possible that they could be disconnected...)

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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Spiceskull

Spiceskull

Posted
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Some reading for you - Hope it helps:

 

OFCOM - Abandoned and Silent Calls Policy:

 

http://www.ofcom.org.uk/consult/condocs/misuse/statement/

1.1 This document sets out Ofcom’s new policy towards silent and abandoned calls. It will be of greatest relevance to organisations using predictive diallers in call centres.

 

1.2 Under sections 128-130 of the Communications Act 2003 (the “Act”), Ofcom is empowered to take enforcement action when it has reasonable grounds for believing that a person (either an individual or a legal entity) has persistently misused an electronic communications network or electronic communications service. A person misuses a network or service if the effect or likely effect of their behaviour is to cause unnecessary annoyance, inconvenience or anxiety to another person.

 

1.3 Under section 131 of the Act Ofcom is required to publish a statement of its general policy with regard to the exercise of its powers under sections 128-130. Section 131(2) of the Act enables Ofcom to revise the statement, from time to time, as it sees fit. On 31 October 2005 Ofcom launched a consultation on significant changes it proposed to make to the statement. Although the Act does not impose a statutory obligation on Ofcom to consult on revisions to the statement, we took the view that it was appropriate to bring the proposed amendments to the attention of Ofcom’s stakeholders and to invite their views.

Persistent misuse and silent calls

 

1.4 The changes to the statement have been prompted by the growing public concern about the distress caused to consumers by silent and abandoned calls. Most silent calls arise when call centres misuse predictive diallers to generate more calls than their agents can handle. When a consumer answers such a call and no agent is available, the consumer either hears silence or the call is automatically terminated, resulting in an abandoned call.

 

1.5 Ofcom has concluded that organisations making a significant number of silent or abandoned calls are behaving in a way that constitutes persistent misuse under the Communications Act.

Policy Statement HERE

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

  • Haha 1

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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Mariana

Mariana

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I note that there has not been any settlements this week yet .... I am getting slightly worried (more like my knickers are swivering!!!)

 

Well, have received two further phonecalls from Halifax today. I was not able to telephone them last night for the purpose of recording my conversation in which I tell them again to STOP with the phonecalls.

 

I telephoned them just now and spoke to a lady called Dee. After the usual security questions she advised me again that I am overdrawn and if I am able to repay that today!!! I interupted her and said "Exuse me!!! I telephoned you!" I then asked if they received my recorded letter to which she replied: no. I then went on to CALMLY tell her that I requested TWICE that they stop with the calls and now again. Since yesterday they have phoned me EIGHT times and if I received one more call I will report them to the Ombudsman etc etc. She then interrupted me to say that this is a callcentre and they do not correspond in writing and they will continue to phone. I said I refuse to accept that as Halifax is a very large organisation and if this continues the necessary steps will be taken. SHE then said she suggested I do it straightaway .... Don't know if this was meant to be sarcastic or helpful .....

 

Does anyone else feel like their heads are about to explode due to all the mind games?

 

I also finally did the spreadsheet for my cardcash and current account and notices that there are two periods of charges missing. I telephoned Customer Services and requested that a list of all 94D charges for these periods be sent to me as the previous ones were incomplete. Don't know how long I am going to wait for this .....

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Spiceskull

Spiceskull

Posted
Posted
Does anyone else feel like their heads are about to explode due to all the mind games?
Keep hanging in there...you will get it all settled eventually...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Marilyn

Marilyn

Posted
Posted

Mariana

 

lve just read your message of today, what are they morons/robots???

 

After 3 emails l FINALLY received a reply today from a margaret tyler snr cust relations etc etc you know the usual, apologising etc etc my DD and STO had been cancelled, my missing statements had been requested and a letter had been sent and hadnt l received that???? ERRRR no or why would l be still emailing and wasting my time? l also had a call this morning from a debt collection agency saying halifax had passed the debt to them, 400 pounds, made up of mostly the dd and sto being paid PLUS CHARGES of course. lve replied to the email and said that it was harsh and heavy handed that they have taken this action considering that the above and asked that they l discontined this until the matter was resolved, ie that they give me my charges back l'll pay them what l owe, minus charges of course, although l didnt put it in so many words, but lm guessing they have a clue..... lve posted on my thread asking for advice, help anything that anyone can suggest, so fingers crossed that there is something. The debt agency caught me on the hop just as l was leaving for work and asked me to start a repayment plan with them to pay it off, as l said l was slightly caught out and verbally agreed to pay 20 pounds a month and to get the woman off the phone as well....l feel a bit weak but as you know its hard when they are going on at you that you just want to get them off the phone and agree to anything.....

 

How are you feeling l hope not too stressed out about the call today, what is the next step if they still keep calling????? Keep going hun you know its worth it and its your money afterall, keep strong.....

 

Marilyn:mad: :p

Marilyn:p

 

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

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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Mariana

Mariana

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Hi Marilyn

 

My god! It infuriates me that they can be so bold! Did you every receive any notification of the charges via letter/email etc? I amazes me that they can act so irresponsible.

 

I think setting up a payment plan in the meantime is probably the best thing to do, at least it keeps your credit record clean and £20 is not too bad. At least you know that if you get your money back from Halifax it will clear the amount you owe.

 

Anyways, good luck and chin up!

 

Mariana

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Mariana

Mariana

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HEEELLLPPP!!!!!!

 

I received a letter from Halifax today informing me that if I don't pay up straigthaway then a default notice will be served!!!!!!

 

This is dispite my NUMEROUS letters to them!!

 

Oh god! What do I do now? Also, already received TWO phonecalls from them today.... Does no-one listen or take notice of what I am saying? I advised them that I can make payments of £50.00 a month in my letter ...

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Mariana

Mariana

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Update ...

 

Telephoned Customer Services spoke to John T and he confirmed receipt of my fax of 7 June (see above).

 

He said that he will pass the letter to Retail Bank Collections and request that phonecalls stop. He will also pass my letter in which I offer a repayment plan to them.

 

God, I hope this works ...

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Mariana

Mariana

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I can't tell you how pleased I am - I have been s****ing myself today!!!!

 

Thank you soooooooooooooooo MUCH!!!!!

 

I have just paid off my overdraft which I have been pestered about and will do the necessary tomorrow (donate etc etc)

 

I am now going home and can't wait to tell my husband who said this morning that he still does not believe that Halifax will pay ...

 

Tomorrow I will issue proceedings on my current account ...

 

PS: MODs please changed the subject to SETTLED in FULL

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mechs

mechs

Posted
Posted
OH MY GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Just checked online banking and a cash deposit for £4901 has been made!!!!!!!!!!!!!!!

 

Blimey!! I bet you looked just like your avatar at that moment :lol:

 

CONGRATULATIONS ON A WONDERFUL RESULT!!

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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0justlooking

0justlooking

Posted
Posted

you did it! just at the lowest point it all turned round.. WELL DONE MARIANA...

 

i'd like to think that they were trying to do your head in this week cos they knew about the claim: but that gives the Halifax far too much credit i think.

 

well, pay the OD with YOUR money, and if i were you i'd get leathered on the Halifax's coin tonight!!!

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thewifeandI

thewifeandI

Posted
Posted
I can't tell you how pleased I am - I have been s****ing myself today!!!!

 

Thank you soooooooooooooooo MUCH!!!!!

 

I have just paid off my overdraft which I have been pestered about and will do the necessary tomorrow (donate etc etc)

 

I am now going home and can't wait to tell my husband who said this morning that he still does not believe that Halifax will pay ...

 

Tomorrow I will issue proceedings on my current account ...

 

PS: MODs please changed the subject to SETTLED in FULL

Well done!

 

Have you had your fees and interest back as well? My first two MoneyClaims went in today - not long now... :p

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Marilyn

Marilyn

Posted
Posted

WELL DONE YOU!!!!!

CONGRATULATIONS

Drinks are on the Halifax, bet your husband is really pleased too.....

 

Thats given me hope!!!!!

 

Again well done and keep it up, they know you mean business

 

Marilyn:-D

Marilyn:p

 

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

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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Spiceskull

Spiceskull

Posted
Posted
OH MY GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Just checked online banking and a cash deposit for £4901 has been made!!!!!!!!!!!!!!!

Hey - I'm so pleased for you - it really has been traumatic, I know, but patience wins out every time...

:):):-D:):)

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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mahala

mahala

Posted
Posted

well done for hanging in there - you must have been feeling frazzled to say the least!

 

 

Now.... *breathe* :p

 

 

Congrats!

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

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Mariana

Mariana

Posted
  • Author
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WELL DONE YOU!!!!!

 

 

CONGRATULATIONS

 

Drinks are on the Halifax, bet your husband is really pleased too.....

 

Thats given me hope!!!!!

 

Again well done and keep it up, they know you mean business

 

Marilyn:-D

 

I am over the moon! Yes, my husband was very surprised! I turned up looking very glum and then produced a bottle of bubbly! You should have seen his face!

 

I am glad that this has given you hope! Never loose interest and keep fighting till the end! We are all here for you!

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