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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.

My Bro 'v' LloydsTsb

jowalshy

By jowalshy
in Lloyds Bank

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at the bottom of one of the posts.

 

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BARTY

BARTY

Posted
Posted

Dont quote me on this, but i am sure i read somewhere that the Courts have 5 days from the date a claim is issued, in which to serve it.

 

(if that makes sense)

 

XxXxX

 

;)

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

Perfectly correct:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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ladyinred

ladyinred

Posted
Posted

i have got as far as the letter before action too but ahving looked at the daunting prospect of taking them to court i am wondering if i can go through with it as i dont understand the legal jargon and cant afford a solicitor to do it for me. have looked on cag for guidance but seem to go round in circles with the links so getting quite upset at mo. can anyone help? thanks

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curlychic

curlychic

Posted
Posted
i have got as far as the letter before action too but ahving looked at the daunting prospect of taking them to court i am wondering if i can go through with it as i dont understand the legal jargon and cant afford a solicitor to do it for me. have looked on cag for guidance but seem to go round in circles with the links so getting quite upset at mo. can anyone help? thanks

 

Dont get worried .... everyone feels like you do at the beginning ... but all the CAG users will help and guide you through the process.

I know you say that you are going round in circles with the threads, but this will soon become clearer too and again we will help along the way. If you are unsure, then ask.

My advice would be to read, read and read some more.

Here are a couple of threads that should help you out.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

In the meantime (and sorry to be a bore) you really must start your own thread and not hyjack other peoples. That way we can offer the appropriate advice to YOUR claim.

XxXxX

 

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 2 weeks later...
jowalshy

jowalshy

Posted
  • Author
Posted

Hello all again, just a quick question. My brother, since I filed a claim online for him, has incurred numerous charges AGAIN!!! Would it be worth my while doing an amendment to the court claim to include these new charges or to just do another claim? I know that it will costs him £35 to do an amendment, but it will probable costs more to do another claim.

 

What do you reckon?

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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curlychic

curlychic

Posted
Posted
Hello all again, just a quick question. My brother, since I filed a claim online for him, has incurred numerous charges AGAIN!!! Would it be worth my while doing an amendment to the court claim to include these new charges or to just do another claim? I know that it will costs him £35 to do an amendment, but it will probable costs more to do another claim.

 

What do you reckon?

 

This is a decision only you can make really. If you amend the claim be forwarned that it will delay the claim.

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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TideTurner

TideTurner

Posted
Posted

If you make a seperate claim, there is a good chance they will be dealt with together, which will also delay things. Better to get this one out the way, when you go at them again, you can bring the first one to the attention of the Judge.

 

Tide

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

New to BAG? - Read This First ; List of Banks ; Interest Calculations ; Library Templates

Communications Act (2003) ; Consumer Credit Act (2006) ; Data Protection Act (1998) ; Limitation Act (1980) ; Sale and Supply of Goods Act (1994) ; Supply of Goods and Services Act (1982) ; Unfair Contract Terms Act (1977) ; Unfair Terms in Consumer Contracts Regulations (1999)

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jowalshy

jowalshy

Posted
  • Author
Posted

Thanks TT. I will wait for this one to end and pursue the next.

 

As for the claim I am doing on behalf of my vrother. Didn;t receive the Notice of Issue but have received the Acknowdgement thing stating that SCM are going to defend. I am now awaiting their defence so that it can be transfered to my local court.

 

I will keep you informed

 

Thanks to all

 

JW

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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  • 1 month later...
  • 1 month later...
ladyinred

ladyinred

Posted
Posted

how are you getting on now, you wre at the same stage as me but you seem to have gone quiet for a while. I have just applied to the court for judgement as lloyds did not reply to the courts in the given time

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  • 3 weeks later...
jowalshy

jowalshy

Posted
  • Author
Posted

Nothing has happened at all with the claim. No correspondence from SC&M and none from the courts. I called the courts on 20th August to ask what is happening and was told that the claim has been stayed. Apllied for lifting of the stay on 23rd August and still have not received anything from anyone.

 

Any suggestions?

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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