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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.

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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.

Alliance & Leicester settle !!!

dvd_pogson

By dvd_pogson
in Alliance & Leicester

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dvd_pogson

dvd_pogson

Posted
Posted

Hi there forum members, I am pleased to report that A & L settled my claim in full this weekend. Indeed they paid me £300+ more than I claimed. I have received a cheque for £6492·96 in full and final with no strings attached. Though they do claim that the payment should not be regarded as an admission that their charges are not fair and reasonable.

Regards

davidp

:D:lol::smile::):p;)

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dvd_pogson

dvd_pogson

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Hi alanfromderby, yes it was.

I Sent a letter to A & L requesting return of charges - it was ignored. Then I filled in claim form at court which A & L acknowledged. They said that they would defend but the time limit - 28 days from issue of claim - passed so I requested judgment from the judge and they paid up in another 7 days.

So from start to finish, took about seven weeks, one letter and two court forms then BINGO. Not bad to recover six thousand four hundred pounds including court fees and interest.

Regards

davidp

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caro

caro

Posted
Posted

Oh well done. You make it sound so easy. Hope mine goes as well although it is for a lot less. Good for you!: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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andy_h_arch

andy_h_arch

Posted
Posted

Hi dvd_pogson,

 

You mention court fees and interest. The interest i can workout from the spreadsheet on this site - however do you know what fees are involved. Also I live in Scotland and I have been advised by the Online money claim to use an English contact address. If I have to travel down to England for the court case who pays these costs.

 

Also, (sorry to go on) when you lodge the claim with the courts, do you turn up in Court in case they lodge a defence?

 

A bit confused about this and do not want to miss out.

 

Cheers

 

a_h_arch

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zander

zander

Posted
Posted

Andy

 

I've got the same problem as you. Unfortunatley it does not seem as easy for us in Scotland to proceed quickly to court as it is for our neighbours. I've held back until I know for sure what process to follow and have been trying to get info pertaining to Scottish customers suing a bank with an English address. Maybe a definitive answer could be found from our friends here at the Bank Action Group? I'm desperate to get my claim into the extortionists at A & L.

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dvd_pogson

dvd_pogson

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Hi Andy, I can't advise you on matters north of the border - indeed I'm not qualified to advise you on matters south of the border either. However if you contact The Govan Law Centre: www.govanlc.com they will help as I looked at their website myself when I was starting out on my action. They will also probably have useful links to follow to help you guys to start an action in the Scottish courts.

Regards

davidp (dvd_pogson)

 

England for THE CUP!

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BankFodder

BankFodder

Posted
Posted

Congratulation on your win. It is a very good figure.

 

I am trying to find your details in the litigation section so I can move them to concluded. However they don't seem to be there

 

Could you let me know if your litigation details have been entered and if not could you let us have them.

 

Have you filled in our survey? And also have you thought about helping us by making a donation?

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dvd_pogson

dvd_pogson

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I started a thread on the 21st May stating that A & L had settled my claim. The following explanation (in green) was also posted as a result of a member's question following on from my original posting.

I have completed your survey and no, I haven't made a donation yet.

 

I Sent a letter to A & L requesting return of charges - it was ignored. Then I filled in claim form at court which A & L acknowledged. They said that they would defend but the time limit - 28 days from issue of claim - passed so I requested judgment from the judge and they paid up in another 7 days.

So from start to finish, took about seven weeks, one letter and two court forms then BINGO. Not bad to recover six thousand four hundred pounds including court fees and interest.

Regards

davidp

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  • 12 years later...
dvd_pogson

dvd_pogson

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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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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