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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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      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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      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.

No defence recieved

wez1211

By wez1211
in Alliance & Leicester

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wez1211

wez1211

Posted
Posted

I issued claim against A & L, served to them on 21/04/06. Shortly after recieved notice that they intend to defend and as of today I have not received the particulars of their defence or the so called allocation questionnaire. The allowed 28 days from date claim served in which to file defence has lapsed.

 

What do I do now?! Apply to the Court to enter judgment by default against A&L?

 

Help please...

 

Wez

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dave

dave

Posted
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Yep ;-)

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group 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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wez1211

wez1211

Posted
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Posted

Thanks Dave,

 

And the implications...I have read FAQ's and this aspect not covered. Is judgment by default what banks would generally like to avoid and therefore I am shafting them; I take I have essentially won my claim?

 

I am now concerned what should happen if they do not pay up, is there time limits for them to pay up, is it feasible that at some stage I will have to instruct bailiffs to remove property?!!

 

Wez

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BankFodder

BankFodder

Posted
Posted

If you apply for judgment and you get it, I suggest that whatever you do that you don't tell the bank that you have got it.

 

They few people have then written to the bank or telephoned them and told them that they now have a judgment.

 

You just bide your time, wait seven days, and then apply for a warrant of execution and this will instruct the bailiffs to go in and get your money. You've been through all the hard work of getting your judgment you may as well now have a little bit of fun at the bank's expense.

 

If you let the bank know in advance that you have a judgment then they may well simply trying to get the judgment set aside and cause you more work. Although if you get warrant the bank may still apply for the set-aside and least you have got them on the back foot

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wez1211

wez1211

Posted
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Thanks Bankfodder,

 

'...try to get judgment set aside and cause you more work...' How can they do this if they have filed no defence or made an admission? Do you mean if they are aware of judgment and if they are quick they can file defence on same day which will take precedence over my entry for judgment?

 

What more work? If my assumption is correct above and defence is filed (ie judgment set aside) then surely next step is court hearing (is this the extra work?).

 

Cant understand how after Warrant of Execution judgment can be set aside - whats the point of judgment by default then!?

 

FAQ's and MCOL guides dont cover this! Help...

 

Wez

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whizzkid001

whizzkid001

Posted
Posted

See my post, they sure can & might!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3414

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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wez1211

wez1211

Posted
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Posted

Dear Whizzkid,

 

Quite a story and it seems that you are quite the celeb! Best of luck!!

 

It still bothers me though how a set aside can happen (I take it there MUST be some valid reason, i.e in your case they claimed not to have received the letter of claim).

 

Will be applying for judgment by default on Monday (28th day today and not yet elapsed) and then keep very quiet...

 

Any words of advice in the meantime...?

 

wez

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whizzkid001

whizzkid001

Posted
Posted

Just keep your resolve & stick to your guns! Don't let them intimitdate you!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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wez1211

wez1211

Posted
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Posted

Dear All,

 

Alliance & Leicester settled my claim the next day in full, cheque received with usual '...not an admission of liability...' and '...we will contact you regarding your account as it is clear you do not accept the terms and conditions...' They have only just saved themselves some embarrassment.

 

Off to sue HSBC now.

 

Thanks

 

Wez

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caro

caro

Posted
Posted

Result!! Way to go!!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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  • 12 years later...
wez1211

wez1211

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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