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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.

      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.
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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.

maggiemay v YB

maggiemay48
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maggiemay48

maggiemay48

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I need help urgently.As i dont know what i am doing.Court on 15 august.Havent finished my bundle cofused.Can someone email me some details what i have to send.My bundle has to be sent off tomorrow.

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caro

caro

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You need to include a copy of your schedule of charges, and you need copies of all the statements that have charges on them. It's probably a good idea to update the interest if you can, but if not, your claim says the daily amount being added so that is sufficient.

 

Bookworms court bundle explains that you need an index, so every page needs a number on, and you list on the index what's on the pages. It is probably a good idea to put them in a file if you can, but nothing too heavy as you'll need to post it to YB, and the court too if you can't take it yourself.

 

Ask away until you are happy that you have all you need.

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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maggiemay48

maggiemay48

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You need to include a copy of your schedule of charges, and you need copies of all the statements that have charges on them. It's probably a good idea to update the interest if you can, but if not, your claim says the daily amount being added so that is sufficient.

 

Bookworms court bundle explains that you need an index, so every page needs a number on, and you list on the index what's on the pages. It is probably a good idea to put them in a file if you can, but nothing too heavy as you'll need to post it to YB, and the court too if you can't take it yourself.

 

Ask away until you are happy that you have all you need.

Do i need to photo copy all the statements.Or just send spreadsheets.To court/and bank.? thank you caro
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caro

caro

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You need to copy them I'm afraid, and if you have to go to court you must take the originals with you.

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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caro

caro

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Yes, you do need one for each of them.

 

Although YB haven't ever submitted a bundle, they have always settled out of court.

 

If you submitted the draft directions, their defence may even be struck out, so you will win anyway. It's hard to predict what will happen in your case because of the test case the OFT and the banks have started.

 

Don't worry though, as you can post everything on your thread and we'll help all we can.

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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maggiemay48

maggiemay48

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Yes, you do need one for each of them.

 

Although YB haven't ever submitted a bundle, they have always settled out of court.

 

If you submitted the draft directions, their defence may even be struck out, so you will win anyway. It's hard to predict what will happen in your case because of the test case the OFT and the banks have started.

 

Don't worry though, as you can post everything on your thread and we'll help all we can.

Hello caro.i posted off my court bundles.Just checked online with royalmail.Apparently the one for the legal services (Kirsty ross) is still in dispatch in oldham.I rang them and dont know when its going to be sent out.Thats B---dy great isnt it.My court case is 15 august.I dont know what to do?
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caro

caro

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Don't worry about it. You've sent it, and can prove you sent it, and anyway YB have had loads of these bundles so they know what to expect. It can take quite a long time before delivery is shown on the Royal Mail site.

 

Take a look at the various guidance notes in the library for getting ready for court. Look through all of them to see which apply to you. Some will help you more than others I think.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

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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maggiemay48

maggiemay48

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Don't worry about it. You've sent it, and can prove you sent it, and anyway YB have had loads of these bundles so they know what to expect. It can take quite a long time before delivery is shown on the Royal Mail site.

 

Take a look at the various guidance notes in the library for getting ready for court. Look through all of them to see which apply to you. Some will help you more than others I think.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

I will have a look.The bundles held up because of a postal strike Thats what the lady said anyway.
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maggiemay48

maggiemay48

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Don't worry about it. You've sent it, and can prove you sent it, and anyway YB have had loads of these bundles so they know what to expect. It can take quite a long time before delivery is shown on the Royal Mail site.

 

Take a look at the various guidance notes in the library for getting ready for court. Look through all of them to see which apply to you. Some will help you more than others I think.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

Caro.Should i send a N225 so they cant put a stay on the case? I have read it somewhere else.What someone elses is doing.How do i do it?

thank you maggie

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caro

caro

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I'm not clear why you would need an N225 or an N244 but certainly I would use the updated application for removal of a stay if you need it maggie. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

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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caro

caro

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The N244 is if the stay has already been applied and needs removal. The first part is a letter to send to object to a stay before the judge has agreed to it.

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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caro

caro

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I would be inclined to wait to hear from the court. I think it's probably best not to pre-empt anything, but if you have to go to court make sure that you have the document with you just in case.

 

Sorry if this isn't very clear, but we are trying to respond to the issues quickly and sometimes need to do a bit of fine tuning. Bear with us.

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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caro

caro

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Thanks georgie. We're trying. Very trying some would say.;)

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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maggiemay48

maggiemay48

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Hi maggie what is the state of play now at your end - did you contact the bank regarding the proposed stay. :)

 

Hi georgie.No they havent put a stay on it.Its just incase they do.Not heard a thing from them.When i mentioned stay before.I ment last april the bank put a stay on,In which they were suppose to settle bye 7th may, They didnt do anything about it. Still havent.So its off to court 15th august.I wrote a letter to the judge in with the court bundle explaining How these charges have effected my life and how they have took a other £800 since christmas last yr.And i do agree in a fee for going overdrawn but i begrudge paying £20/£30 each time i go over.Dont know weather it will help my case just have to wait and see.Wonder if i will get a letter etc. before court date?

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maggiemay48

maggiemay48

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Just recieved my letter from YB they intend to apply for a stay, my court date is for next week same day as you, so already sent my objection letter so see what happens from here on in. All good fun. ;)

 

Really? I phoned my court.They havent heard a thing either.The lady recons they may be trying to settle with me.Just have to wait and see.Wont i ? How long have you been trying to get your charges back? i have been trying for 12mths now.been a ball ache.Just hope its settled soon.getting p-----d off now.

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georgieboy

georgieboy

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Started my claim last march so not as long as you, I think we will need a judge with some balls to stand up and be counted although I hate to say it I think a deal has been done with the banks and the courts. We are so near and yet so far, but hang on in there we have come this close, who knows what could happen in the next few days.

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caro

caro

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Not all the courts are agreeing to stays so don't give up.;)

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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