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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.

annifridsl04 vs RBS

annifridsl04

By annifridsl04
in Royal Bank of Scotland

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kiff

kiff

Posted
Posted

Hi Anni

 

I would ring the court and see if the bank have acknowledged the claim.

 

My court have already told me that they are 5 working days behind with the paperwork on these claims, so I have to bear that in mind. According to the step-by-step instructions on here you can apply for 'Judgement in Default' if they are well over the 14 days - but reading through the threads, the banks are notorious for leaving it to the last minute to submit either the Ack or the Defence.

 

Kiff

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kiff

kiff

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Hi Anni

 

They may be like Barclays and leave it to the last minute. If you get nothing, I'd go back to the Step-by-Step guide and apply for Judgement.

 

I've just rec'd Cobbetts defence, which I've posted on my thread. Hopefully it is much the same as others and a Mod / someone who's also rec'd one will confirm this for me soon.

 

It's such a waiting game isn't it? We'll get there Anni, don't worry!

 

Kiff :)

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Yanni

Yanni

Posted
Posted

Hi anni - did you write to RBS at The Forthstone in the Gyle, Edinburgh, accepting part payment but asking for full repayment?

 

If you did, may I suggest you send them an email, quoting the reference on the offer letter from RBS, and asking how your claim is proceeding - send to Sandy Watt - [email protected] - this may just gee up your case a wee bit and push it up the queue a place or two - not guaranteed to do so but doesn't do any harm but be polite otherwise you may antagonise them and end up being ignored - bit like loud peeps demanding immediate service in a crowded bar, they usually only end up being served last - hopefully you should get an offer of your full claim of charges less any interest in a week or so.

 

That's just my experience.

“It's not personal, Sonny. It's strictly business.”

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annifridsl04

annifridsl04

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Hi Kiff,

 

They have acknowledged & filed a defence. I have rec'd a allocation questionnaire & they are asking for another £100 to file it. Ive already paid £120 court fee. Is this right?

 

Ta Anni

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canobeans

canobeans

Posted
Posted

The Court asking for a further £100????

 

Are you on any form of Benefit or Tax Credit???

 

If so you can get the £100 waived if you get in touch with the court and fill in their "means-test/questionaire" ........if you go down personally they should give you an answer in about 10 minutes.

 

Hope this helps!!!

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annifridsl04

annifridsl04

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Yea they have asked for another £100. No I'm not on benefits...Has this ever happened before? Is it right or have they just forgotten that I had already paid £120. The chq has been cashed so i know they have had it.

 

Ta Anni

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canobeans

canobeans

Posted
Posted

I paid £120 when first making my claim on line.

It was then transfered to my local County Court and they wanted a further £100. I went along and explained I received Family Tax Credit and filled in their form and got the £100 waived.

So the answer to your question is......"Yes it is right"

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divagirl

divagirl

Posted
Posted

Hi,

My claim was transferred to my local county court on 29 june, and im still waiting for a court date, i also paid £120 to mcol, but as yet I've not been asked for any more money, although we do get family tax credits,i would mention it to court if they ask for £100.

 

Im just not sure how long you wait for a court date, i've not recieved anything as yet.:confused:

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annifridsl04

annifridsl04

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I need help...i've no idea what I'm supposed to do.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

I've been looking how to fill out the AQ. I don't really understand the bit about section G. The Draft Directions and the bit about form of 'basic' disclosure.

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annifridsl04

annifridsl04

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For Section G, I have put the following: -

 

I believe that this case will last no longer than 1 hour.

 

I would also respectfully ask that the court in this case, would order a basic disclosure. I understand that it is in the courts discretion to do so. I have attached a copy for your consideration as; I believe this would bring a rapid end to this litigation. I have been informed that this was devised by the Mercantile Courts for a similar case.

 

 

I'm not going to send these forms until I'm sure its right....I don't wanna look like abit of a prat.

 

Ta

Anni

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divagirl

divagirl

Posted
Posted

annifrids104,

have you been on the consumer wiki.co.uk? they might have more info on that site, im having problems loggin in at the moment, so can't really say what its like, if you've not tried it it might be worth a look

 

good luck:)

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annifridsl04

annifridsl04

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I'm dreading all this messing about, the banks should just pay up and be done with it, I'm not at your stage yet, and i'm finding it all to daunting as it is!

BUT I WON'T GIVE UP:mad:

 

It is scary...but if you know what ur doing is right then its alot easier. If I can help u at all let me know.

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annifridsl04

annifridsl04

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I've had a look on consumer wiki (which by the way, I think is great) & i cant find anything that refers to what I need. The page regarding the filling out of the AQ hasn't been created yet.

 

For Section G, I have put the following: -

 

I believe that this case will last no longer than 1 hour.

 

I would also respectfully ask that the court in this case, would order a basic disclosure. I understand that it is in the courts discretion to do so. I have attached a copy for your consideration as; I believe this would bring a rapid end to this litigation. I have been informed that this was devised by the Mercantile Courts for a similar case.

 

 

I'm not going to send these forms until I'm sure its right....I don't wanna look like abit of a prat.

 

Ta

Anni

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