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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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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

Homershairdo versus HSBC - This time it's personal....! - **WON**

homershairdo
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homershairdo

homershairdo

Posted
Posted

Hi all - long time reader (well, two weeks:) ) first time poster!

 

After reading this excellent site for the past couple of weeks, I yesterday decided to take the plunge and attempt to recover my charges for the past few years.

 

So last night I totted up has been taken by Lloyds TSB - which came to around £500 - but from reading the site they seem to be one of the more "fighty" banks (is that even a word?)

 

So I have started proceedings against HSBC - I last night emailed the DPA claim for details of charges etc for the past couple of years - hopefully something good will come from all this!

 

I have a question - I am / will be making a claim on my personal account - and I have heard that banks can be a little funny about keeping that facility open after such action - I also have a credit card which, although has a balance, has had no charges etc against it - would they likely close this also?

 

Many thanks for the excellent site - top notch!

 

Homer! (after the king of TV Homer J Simpson)!

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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Guest Lueeze

Guest Lueeze

Posted
Posted

Okay, you must send the DPA request recorded delivery with £10, otherwise they do not have to comply with the request!

 

Your credit card should be okay, but they may close your current account that your claiming on...open a parchute. It is unlikely your account will close as I dont think HSBC have done this as yet, Abbey have though!

 

Good Luck!

 

Lou x

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hunkydory

hunkydory

Posted
Posted

Go Homer, Go! I am trying to convince my hubby to do the same - he incurred a charge for just exceeding his overdraft in April 2005 and each month it snowballed. He ended up with an overdraft of £2500+ with nearly all of that amount being due to charges. HSBC have now instructed debt collectors!

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Guest Lueeze

Guest Lueeze

Posted
Posted

Its okay...you will learn, Like I did...its all daunting to begin with but now im like a dog with a bone!

 

Hunkydory, you must start! Dont let them ruin your hapiness, that amount of Debt cant be stressfree!

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hunkydory

hunkydory

Posted
Posted

I know - but it's his decision! We sent a prelim letter and hubby balked at the answer as bank said no further correspondance on the matter. Like many people, I think he's to worried to take them on but I keep trying to persuade him!

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norvernrob

norvernrob

Posted
Posted
I know - but it's his decision! We sent a prelim letter and hubby balked at the answer as bank said no further correspondance on the matter. Like many people, I think he's to worried to take them on but I keep trying to persuade him!

 

Show him this site and the returned charges survey - now up to £300,000 with not one bank going to court. Surely that must tell him something!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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  • 1 month later...
homershairdo

homershairdo

Posted
  • Author
Posted

All the statements came through when I was on honeymoon - for my account alone the total is touching £700, which was a shocker! Will send the first letter today, via both recorded delivery and email. I also have a joint account which also has these charges which I have also totted up - can / should I include the two accounts on the same action?

 

Had a look through the site in respect of account closure - is this something that HSBC seem to do upon a successful claim?

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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un1boy

un1boy

Posted
Posted

Well, I personally am claiming for all accoutns seperately. I think however you can link them, together as long as the total claim amount is less than £5000. I think this is right. Have a look through the posts, there is loads of info on other people's threads about this.

 

Your DPA request can include ALL accounts you hold with a company, and as long as you asked for statements on all accounts in the letter, the one £10 payment should cover it all.

 

As for HSBC closing accounts, they don't seem to be doing that at the moment, but that doesn't mean they won't!! So, it's always best to open another account with a different bank (also called a parachute account). This way if HSBC to wanna be nasty and they close your account, you've got another one you can use!!

 

Hope this helps!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 3 weeks later...
homershairdo

homershairdo

Posted
  • Author
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And as if by magic, just as I sent the LBA letter, I get home a find that a letter has been delievered from HSBC, offering £XXX, which is about 70% of my original claim. Obviously I am going to ask for the full amount, so should I follow the following steps:

 

a) send back the form etc saying thanks, can I have the rest?

b) ask them to ignore my LBA that was sent today

 

Or is there something else I should do - I am right in thinking that once they offer so much the rest is forthcoming??

 

Cheers!

 

Homer

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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barracad

barracad

Posted
Posted

Don't tell them to ignore the LBA - what you said still stands, they need to pay up or you'll take them to court.

 

Send the following:

 

 

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

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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homershairdo

homershairdo

Posted
  • Author
Posted

Jolly Good - in this instance do you sign the agreement form, or simply add a cover letter stating further intentions without signing the form?

 

Ian

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Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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homershairdo

homershairdo

Posted
  • Author
Posted

Cheers, and it should follow the gist of thanks, but no thanks!! They normally (!) pay up after a couple of days after receipt of this letter.

 

Cheers for the help maverik - looks like you have been busy tonight!!

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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homershairdo

homershairdo

Posted
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Posted

Sent a letter back today to the bank - but crossed out the full and final bit, added part settelement, and added the following:

 

Dear Mr Langdale,

 

Many thanks for your letter dated 5th July 2006, and the subsquent offer of £xxx in partial settlement.

 

In this instance I feel that I am unable to accept your offer of settlement - I would however be willing to accept this amount as part settlement towards the claimed amount of £xxx.

 

Unfortunately, if we can not come to an agreement in this amicable fashion, I would have to continue my action.

 

Many thanks for taking the time to contact me and I look forward to hearing from you soon,

 

Kind Regards

 

 

Mr Homershairdo

 

Does this cover all the bases etc??

 

Cheers!

 

Homer

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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homershairdo

homershairdo

Posted
  • Author
Posted

Letter has been sent - hopefully(!) a little bit of money will be coming my way! Wish me Luck!!

 

Does anyone know of a decent bank account to open for those with a dodgy credit rating - I don't have defaults or any of that marlarky, but not the strongest score!

 

Cheers!

 

Homer

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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homershairdo

homershairdo

Posted
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Posted

Two days to go until raising a MCOL - hopefully something will come before then! Mrs Homershairdo is starting to claim hers back as well, so I need to show her how to do it!!

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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homershairdo

homershairdo

Posted
  • Author
Posted

Just to let you know that HSBC have agreed to refund the charges - letter came today! Thanks very much for all your help people! Just LTSB to do now!!

 

A donation and completion of the survey will be happening soon!!

 

Cheers!!

 

Homer

My Timeline

 

Lloyds TSB - Moneyclaim issued 17/06/06 - £420

HSBC - LBA Sent 06/07/2006 - £700

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barracad

barracad

Posted
Posted

Congratulations!!

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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