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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.

Tobes v Egg

Tobes

By Tobes
in Egg

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Glenn UK

Glenn UK

Posted
Posted

Tobes

 

just a thought, if you have anything prepared i would take it with you. If the judge asks a question and you have all the information with you no problems.

 

It would be bad to be asked a question about your case and not have the actual figres to hand.

 

JMHO

 

Glenn

 

PS and it will probalby show that you have a good idea what youre doing to if its all ordered and youre ready to go as it were.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Glenn UK

Glenn UK

Posted
Posted

if youre struggling to know what to put together there is an example bundle list in karnevil vs abbety and jonni2bad has a list in one of his threads too i believe.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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leebrannan

leebrannan

Posted
Posted

Good luck for Tuesday Tobes, I'm soon gonna start a claim against egg myself, as soon as i've finished with a couple of others. It looks like its gonna be hard work, but at the end of the day i don't see how they can justify their charges.

 

All the best

lee

A&L Data Protection Act sent 8/6/2006 - Statements received 27/7 - Prelim request for payment sent 28/7 - LBA sent 8/8 - MCOL 21/8 - Settled in full £3317.66 20/9:lol:

MBNA Data Protection Act sent 8/8 - 14/9 Offer of £2,247.35 accepted. (£1,160 charges plus compound interest). Second account = offer of £1,182.30 (£436 charges plus compound interest) :lol:

Morgan Stanley Data Protection Act sent 8/8:) Total of £875 charges.

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Yasmin

Yasmin

Posted
Posted

Hi Tobes, have not got round to docs. yet. If you want me to e mail just say the word. Best of Luck, goes without saying. Yasmin

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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nikkiandmidgets

nikkiandmidgets

Posted
Posted

Just to say good luck for tomorrow..am just getting my acct numbers etc and will be sending off my SAR to Egg this week....

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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nikkiandmidgets

nikkiandmidgets

Posted
Posted

Just tell him, HI from the CAG group and we should all hopefully keep him out of the office and travelling through the UK for the considerable future!

Nikkiandmidgets Vs BOS (3) - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Capital One (2) - S.A.R sent 11/09/06, Prelims sent 20/10/06, LBA's sent 16/11/06

 

Nikkiandmidgets Vs Citi credit card - S.A.R sent 11/09/06, Prelim sent 9/10/06, LBA sent 28/10/06

 

Nikkiandmidgets Vs Halifax - S.A.R sent 11/09/06

 

Nikkiandmidgets Vs Egg (4) - S.A.R. sent 20/10/06

 

Nikkiandmidget Vs Littlewoods (3) - S.A.R sent 20/10/06

 

Nikkiandmidgets Vs Blackhorse - Prelim sent 20/10/06 requesting £125 charges to be refunded. LBA sent 16/11/06.

 

Nikkiandmidgets Vs Welcome Finance (Macadam Finance) - S.A.R and C.C.A request sent 20/10/06

 

My Mum Vs Halifax - S.A.R sent 11/09/06

My Mum Vs Capital One - S.A.R sent 20/10/06

My Mum Vs Citi - S.A.R sent 20/10/06

My Mum Vs SLC - S.A.R and C.C.A sent 09/10/06

 

Husband Vs BOS (3) - S.A.R sent 20/10/06

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Tobes

Tobes

Posted
  • Author
Posted

lol well I'm back from the Court!

 

The judge was very pleasant and helpful and not at all intimidating.

 

Egg weren't there, and she said that they were meant to have been conducting the conference by telephone, but they didn't call so it was just me and the judge lol The judge didn't seem too concerned by this though

 

She said she wouldn't at this stage by ordering standard disclosure because she thought it disproportionate, which was a bit of a blow because I know that Bookworm's judge ordered it, but oh well

 

Anyway, her order was that Egg should within seven days send to the Court their draft directions, i.e. what they want to happen and that they also send details of any other claims against them in my Court, or if not, then neighbouring courts so that the claims can be consolidated!! This may mean that I'll be seeing some of you guys at a later date!! It also may mean that I might have to travel to another court :( but it's certainly an interesting turn of events...

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Yasmin

Yasmin

Posted
Posted

Well done Tobes...shame she didn't grant standard disclosure. That is interesting, about the neighbouring courts thing. Guess you'll just have to wait now then.:rolleyes:

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Tobes

Tobes

Posted
  • Author
Posted

I phoned the court because I'd had no word for a while and apparently Egg has requested that the judge's order be set aside and that their be a Case Management Conference...If they are given it I shall be extremely peeved because there has already been a bloody CMC but they failed to attend or phone as they had indicated they would...It just seems like they're stalling and that they don't care about doing anything the court requests and that the court doesn't care either...

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Tobes

Tobes

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

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That way you will attract more attention to your story and get more visitors and more help 

 

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