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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,

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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.

A&L Settled

Kerry Whittington
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dave

dave

Posted
Posted

Not as scared as them!! ;-)

 

My guess is that you'll get a letter from their solicitor offering a % of your claim - refuse it and you'll get the lot.

 

They may enter a defence to the court first to try to scare you off - remember - you have nothing to lose apart from the court costs - IF you lose, which I don't think you will. You are suing them, not the other way around - you have nothing to be scared of. They are just seeing how far you will take it. It's probably cost effective for them to do this - for every 1 that takes it all the way, there's probably 9 that would have gotten scared and walked away from it.

 

It's my opinion that they know that they will lose in court - that's the last thing they want.

 

Do you really think that a firm with £2 billion in it's cheque clearing account at any one time is going to take that risk for a paltry 3k?

 

I don't.

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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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moonrakerz

moonrakerz

Posted
Posted
I have today received the Acknowledgement of Service from the Court. A&L intend to defend all of the claim (we are claiming around £2,900!). Now I am scared!!!

 

Don't worry - they did that to me - then sent me a cherque for the full amount and costs !

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Neo

Neo

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Now I am scared!!!

 

and that's what they want ;)

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Kerry Whittington

Kerry Whittington

Posted
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My DPA request was sent to A&L on 12 March. They responded very quickly (but charged me £10 the privilige!) I received their standard letters in response to my request for money (ie no!) I started legal proceedings on 8 May. To my horror A&L said they were going to defend the claim. I must admit I then got scared and dreaded the postman arriving each day. But it was all worth it - this morning I received a cheque for £2,750. Obviously A&L are not admitting liability and have said they will be in touch regarding my conduct of the account! My kids are happy writing lists on how it will be spent. And now I can afford to start legal proceedings against HSBC as well.

 

If A&L will settle for this amount there is hope for a lot of people.

 

So take my advice and go for it - you have nothing to loose.

 

Good luck

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jonni2bad

jonni2bad

Posted
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Congratulations !!!!!

 

Don't forget to fill in one of our surverys, and remember that the site can only survive on donations, all gratefully received.

..

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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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caro

caro

Posted
Posted

Great news Kerry. Never mind the kids you did the work so you should get the treats, along with a donation for BAG maybe.

 

Looks like you might need your parachute account and make sure your overdraft is cleared if McUth's experience is anything to go by.

 

But in the mean time, enjoy! You deserve it.:D

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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Kerry Whittington

Kerry Whittington

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In anticipation of my next nice letter from A&L telling me they will close my account, I will open another one. Will the issue with A&L cause me problems opening an account with anyone else? The claim was on our joint account but my husband's personal account is also with them - will they want to close his account as well?

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saddler10

saddler10

Posted
Posted

Well done Kerry. My claim is issued so this gives me hope that my cheque's not too far away!

 

Cheers, Paul

Alliance & Leicester, £2944.66 settled in full, donation made!!!

 

Capitol One (Partner), £475.01 settled in full, donation made!!!

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  • 12 years later...
Kerry Whittington

Kerry Whittington

Posted
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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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