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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

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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.

maggiemay v YB

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maggiemay48

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Not all the courts are agreeing to stays so don't give up.;)
Well caro. 2 days to go for court and heard nothing at all. Keep waiting for the postman to bring me a letter or recorded delivery of some sort. But up to now nothing..Postmans just been still nothing.
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caro

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Phone the court again Maggie and check that they still haven't heard from YB and that the hearing is still scheduled to take place.

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

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Phone the court again Maggie and check that they still haven't heard from YB and that the hearing is still scheduled to take place.
Will do caro. When ntl fix my phone line this afternoon.Thanks caro for the help and support you have gave me the last 12mths.I really appreciate it.;)
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caro

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It's been a pleasure Maggie. I just hope it all proves worthwhile for you.

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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

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Phone the court again Maggie and check that they still haven't heard from YB and that the hearing is still scheduled to take place.

 

Caro?How do i tip your scales? Where do i find them

Just remembered, I rang the courts last thursday.They had not heard anything from yorkshire bank.They got my bundle the ladys said thats all they have had.Nothing from them.(bank)

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maggiemay48

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It's been a pleasure Maggie. I just hope it all proves worthwhile for you.
Caro phoned court.The lady said the bank have wrote to them (court) To see if theres a stay on the case.The lady told the bank there hasnt been a stay on the case.So we will have to go to court.Unless they pay out.Who knows..I did write to the judge explaining my circumstances.And how they are taking my working taxs credits from me.And leaving me with no money.
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caro

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Maggie, I've just read through your entire thread to make sure everything is as it should be and we haven't missed anything. I have some questions that I hope you can answer for me.

 

1. At one stage you couldn't find your N1, on which you first did your claim to the court, or your Allocation Questionnaire. Have you got those now?

 

2. Over time the advice for filling in the Allocation Questionnaire has changed, so I'm not sure what yours would have said. Do you know if yours included the draft directions which are shown in Section G of the post I'm linking? http://www.consumeractiongroup.co.uk/forum/show-post/post-90319.html

 

3. Is the money that goes into this account only benefits?

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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

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Caro i have found my n1 Claim form.Is this right?I have found a n150.Allocation questionaire But its the one the bank sent me.Havent got mine i bet i forgot to photo copy it.I did sent two to court they sent it on to the bank.And yes i only have benefits going into my account.

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caro

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Do your Particulars of Claim look like this?http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html#post3551

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

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Do your Particulars of Claim look like this?http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html#post3551

 

Yes i have the claim Form.But my next peice is different.It says the claimant has a account number Blah! Blah!. with the defendant opened the account in 1982 Blah!Then half way down it says how much was debited 8% continuing at 8% until judgement or settle at the daily rate of 49pHope this ok? getting scared now insase i have messed up.

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caro

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Can you post all of your POC please Maggie. Don't panic that I'm asking for this as the case would have been struck out long ago if they weren't good enough. Just trying to be thorough and make sure you have everything for court, just in case it's needed.

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

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Can you post all of your POC please Maggie. Don't panic that I'm asking for this as the case would have been struck out long ago if they weren't good enough. Just trying to be thorough and make sure you have everything for court, just in case it's needed.

 

sorry caro? What poc ? Oh! Hope everythings ok?

Wouldnt they have told me this a while ago if had been struck out.Sorry to be thick caro?Whats struck out mean?

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maggiemay48

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sorry caro? What poc ? Oh! Hope everythings ok?

Wouldnt they have told me this a while ago if had been struck out.Sorry to be thick caro?Whats struck out mean?

Hi caro I know hwta you mean now bye poc.On the claim form.It says breif details of claim.I have put money claim for the return of penalty charges applied to my account.under this its got value.I have put the charges then the interest.Amount added to £2248.49.Behind this on a small peice of paper it says.1 the claimant.Has a account number ----------- with the defendant,Opened 1882Since 28/02/01 The defendant debited charges and interest in the respect Of purported breaches of contract.Defendant is aware of all the details as a list of charges has already been supplied.nother copy will be sent.Claimants contents.(a) The charges exceed the defendants losses caused by thebreaches(b) the term permitting the defendant to levy such charges is unenforceable under the unfair terms in consumer contracts Regulations 1999 unfair contract terms act 1977and at common law,Claimants Return of the amount debited $$$$$$ per s69 county courts Act 1984 Of 8%-$$$$$$$ Continuing At 8% untill judgement or settlement. at the daily 49p.Alternatively.If the charges are a fee for the serviceThen they must be resonable Under S.15 Of the supply of goods and services Act.1982.Cost allowed by the Court.

Hope this ok?

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caro

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That looks fine Maggie. Thanks for taking the time to do that. Nothing to worry about with that at all I believe.

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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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That looks fine Maggie. Thanks for taking the time to do that. Nothing to worry about with that at all I believe.
Thank you caro.Just waiting for the postman.To see what he brings.I tipped your scales.Because your always there to lend a hand.
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steven4064

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Hi maggie

 

Caro is away until lunchtime and asked me to have a quick look at your thread to see if I can help.

 

I gather you are in court tomorrow - is this a preliminary hearing or a full hearing? What does it say on the letter form the court?

 

 

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maggiemay48

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Hi maggie

 

Caro is away until lunchtime and asked me to have a quick look at your thread to see if I can help.

 

I gather you are in court tomorrow - is this a preliminary hearing or a full hearing? What does it say on the letter form the court?

 

Hi its says notice of hearing will take place on the 15th august at 9.45AM

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maggiemay48

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The very best of luck for wednesday - everything crossed for you, what time is your case timed for. ;)

 

Thanks georgie.I am crapping it.Never been to court before.Postmans been still nothing.Dont know what to do now?Do i need to prepare somthing for the courts?

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caro

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Just quickly logged on. This is a full hearing I believe Steven, and Maggie has submitted her bundle, but YB haven't, as usual. The case does not seem to have been stayed, and I don't THINK the draft directions were submitted to the court.

 

Maggie has had no offers, but YB have rung the court in the last few days to check if the case has been stayed, so they must know about 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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steven4064

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Thanks Caroline

 

The danger is that the court might still stay the case pending the OFT case - even though they ought not to if the defendant has not complied with directions (but, as we know, DJs can be a law unto themselves). Even though 'new' draft directions were not submitted, the defendant will have been told to submit documents they intend to rely on. presumambly they have not complied with that direction.

 

I would advise that maggie takes a letter objecting to a stay majoring on the hardship element as she is on benefits (hardship is the one thing the FSA have said should specifically be taken into consideration). In passing, mention that the charges are also taken in contravention of SSAA1992 and/or TCA2002 (really this ought to be done by revising the PoC but there is no way she wants to do that at this stage). if you want some sugegsted words, I would be happy to have a go.

 

 

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maggiemay48

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Thanks Caroline

 

The danger is that the court might still stay the case pending the OFT case - even though they ought not to if the defendant has not complied with directions (but, as we know, DJs can be a law unto themselves). Even though 'new' draft directions were not submitted, the defendant will have been told to submit documents they intend to rely on. presumambly they have not complied with that direction.

 

I would advise that maggie takes a letter objecting to a stay majoring on the hardship element as she is on benefits (hardship is the one thing the FSA have said should specifically be taken into consideration). In passing, mention that the charges are also taken in contravention of SSAA1992 and/or TCA2002 (really this ought to be done by revising the PoC but there is no way she wants to do that at this stage). if you want some sugegsted words, I would be happy to have a go.

Hi steven.Do i just type my own letter up.Or is there one in the library which i can print off?
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maggiemay48

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Hi steven.Do i just type my own letter up.Or is there one in the library which i can print off?

 

Hi have printed off a letter of my own stateing i do not want a stay on the case.Its gone on long enough (12mths)they had a chance to settle earlier on in the year In which they had a stay on the case.They had no intensions of paying up.They are just stalling again.I just hope to-god i have done everything right. Putting all the court bundles in right order.Knowing me i havent! What will happen if the bundles all mixed up?I keep thinking they have one over me. thats why they are appearing in court.God i am so scared.I feel like not going. But i have to. i know.I will turn to jelly, if they are there when i get there.I must be the only one who has had to go to court.Bottles gone.!

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