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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.

miss_angie1 v Intelligent Finance

miss_angie1

By miss_angie1
in Intelligent Finance

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miss_angie1

miss_angie1

Posted
Posted

I've just received a letter from Intelligent finance this morning detailing important changes to their terms and conditions which state as follows:

 

Unauthorised overdrafts

The key change to our terms and conditions is that we are changing the way we calculate interest on unauthorised overdrafts. If you exceed your overdraft limit, we will only charge the unauthorised overdraft interest rate on the amount that is in excess of the agreed overdraft limit. The authorised rate will no longer be charged on the whole balance. This change will take place from 26th March 2006.

 

I think they are trying on new tricks due to the current pressures from the likes of all of us at the Bank Action Group. As if this is going to stop us claiming back the charges (plus the new reduced interest!!) LOL ;)

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Carrie

Carrie

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Posted

Yeah, i think your right. I too yesterday recieved a letter seperate from my statement outlining new terms and conditions. Also, my statement states yet more charges wil be applied and the interest seems higher! I haven't used my Abbey acoount this month since i opened my new one over a month ago. I have been charged for direct debits bouncing that i cancelled 2 weeks ago. They were due to go out on 6th April.

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  • 1 month later...
miss_angie1

miss_angie1

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Hi all,

I am starting a new thread in this group as I now intend to get my unfair charges back from Intelligent Finance in addition to the claim I currently have going with LloydsTSB.

I am posting my DPA Disclosure information request today via recorded delivery as I could only view transactions online for 2 years.

Has anyone else successfully claimed back through Intelligent Finance?

 

Will keep you all posted on my progress....

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miss_angie1

miss_angie1

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In response to my DPA request I have received a letter listing details of 14 charges since 2002 which total £367 of which I cannot work out what is unfair without my detailed statements.

 

IF have stated that they have detailed a summary of charges and should I wish a full list of transactions ther is a fee of £5.00 per statement to a maximum of £60.00.

 

Can anyone give me advice of what I should write in response to the ridiculous request of £5 per statement as I didn't have this problem with Lloyds who provided all the statements I requested without charge.

 

Thanks in advance!!

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  • 4 weeks later...
miss_angie1

miss_angie1

Posted
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I'm not sure if anyone else has experienced this with Intelligent Finance or any other bank but advice on next steps would be much appreciated.

 

I wrote to IF on 25th March requesting statements and a list of charges to which they responded just detailing a list of charges and the dates but not my actual statements. They stated that this would be £5 per statement.

 

I wrote to them again DPA - Data subject Access Request enclosing a £10 cheque for the statements and reminding them that the 40 days to respond is still ticking by.

 

Today I receive a letter (with my returned £10 cheque) which states the following:

 

Thank you for your request to access the information we hold about you, which is your right under the Data Protection Act 1998.

 

I note your request for a list of your statement for the period Feb 2002 to August 2005. Please note this is not classed as personal information therfore we are not required to provide this as part of the DSAR and ordinarily we would charge for copy statements, £5.00 per copy.

 

Therefore please find enclosed your cheque for £10.00

 

It goes on to say that they have enclosed three leaflets:

All About Data Protection (which ironically states in it "Under the DPA you have the right to have access to information we hold about you on our records. The Act allows us to charge a fee of £10 for this service")

All About Credit Scoring (I didn't ask for this??)

All About our Complaints Procedure

 

Please can I have some advice on how best to respond the above as they are contradicting themselves but I want to ensure that I follow procedure step by step.

 

Do I complain to the Information Commissioner at this stage? And if so will this delay the whole process of me claiming my charges back?

 

All advice welcome and appreciated!!!

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mechs

mechs

Posted
Posted

They are under no obligation to send you copy statements ..you asked for a list of charges and thats what they have sent you.

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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cookie0117

cookie0117

Posted
Posted

i had the same list of charges for free. in a telephone conversation it was confrmed that manual intervention and the nature of the charge information could not be supplied. so its a free dpa request. you asked for the information and it was not supplied.

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  • 3 months later...
miss_angie1

miss_angie1

Posted
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I know I have been away for ages but I'm back and have started my action against IF again. I've written first and second letters requesting repayment of charges. I was told no in the first letter but have been offered a settlement figure of £167 with my second letter which I will not be accepting as my claim is for £466. I'm just filling the Moneyclaim in online but as IF address is in Edinburgh it has said that I cannot do this using Moneyclaim as it is not in England or Wales. Can anyone advise if they know if Intelligent Finance has a service address in England? If not how should I instigate my claim?

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whitemouse75

whitemouse75

Posted
Posted

use the halifax one at trinity road, i'm also submitting a mcol today.

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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whitemouse75

whitemouse75

Posted
Posted
Thanks I've just filed my claim online Claim Number:

6QZ89344 - Will update you when I hear from IF.

 

mine is showing as issued, 14 days from when its served. i wonder if it will show the served date?

repeat S.A.R - (Subject Access Request) letter sent recorded 20/10/06

list of charges & cheque for £10 received 24/10/06

Prelim letter sent 24/10/06

another £10 cheque received and lba sent 03/11/06

16/11/06 25% of claim offered

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  • 3 weeks later...
miss_angie1

miss_angie1

Posted
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Well IF have until today to acknowledge the claim otherwise I can start the judgement against them. I'm so excited. Will I have to start the judgement tomorrow do you think? Has anyone else gone the judgement route? I really thought they would file a defence. Any other feedback will be greatly received.

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miss_angie1

miss_angie1

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Well they didn't acknowledge my claim at the 11th hour like I thought they probably would so I have started my judgement against them today. Not sure how long I will have to wait for them to pay up but I'll be patient. Watch this space.....

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miss_angie1

miss_angie1

Posted
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Posted

Quick question. I entered the judgement stating I wanted to receive my money by 2nd Jan but nothing has happened yet. I just logged onto Moneyclaim online and there is a start button available to issue a warrant. Has anyone else done this and should I go ahead and issue the warrant or wait awhile longer?

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Sickofbanks

Sickofbanks

Posted
Posted

Couple of thoughts based on how things panned out for me.

 

Has the period set by the court (detailed in the letter they sent you) expired? If so it may be worth giving IF a call 'just to check that they are aware of the deadline and to confirm that they intend to dispute the claim'.

 

Then you can issue the warrant. My bet, unless they have changed their policy, is that they have simply made a mistake.

 

To answer your question loads and loads of people have issued warrants. It's just the next stage in the process

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miss_angie1

miss_angie1

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This topic was closed on 03/08/19.

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

 

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