Jump to content


  • Tweets

  • Posts

    • I've just noted that in Section 4 of the ebay powered by packlink T&Cs, there is a link to a list of webpages for each Transport Agency including Evri. When clicking on this, it redirects to Evri's send terms and conditions, which says: Our contract with you When you send a parcel with us, you enter into a contract with Evri. These terms and conditions set out your responsibilities and our service commitments to you, along with some legal bits about our liability and how you will be compensated in the unlikely event that things go wrong. Link to Evri send T&Cs: https://www.evri.com/terms-and-conditions the extract highlighted in bold above is pertinent as in Evri's own T&Cs, by sending a parcel with Evri, the sender and Evri have entered into a contract. Screenshot of the above extract attached. Screenshot_20240524_030834_Chrome.pdf
    • Hi, Evri provided a copy of the Ebay powered by Packlink T&Cs in their WS/Court bundle - this is already uploaded in post #246 yesterday. I copy and pasted the actual wording of clauses 3b and 3c from there into my post #246. see points 3b and 3c in Section 3 (General) through this link to the T&Cs:  https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_01HFXQJBTB441YZGPB7CQP9KFV Screenshot attached below. I cant answer why its not been picked up before. In my opinion, this is called Ebay powered by packlink T&Cs so it could be intepreted to mean Ebay and Packlink's T&Cs rather than Packlink and the delivery couriers T&Cs. In regards to seeing Evri/Packlink's entire contract in original form, in my WS, Evri has been invited to provide this. They have not provided the contract in their WS/court bundle. Screenshot_20240524_024259_Chrome.pdf
    • yes, and he has since emailed them to say he wants it done with a hearing
    • Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?
    • This is a very important find. I don't understand why nobody has picked up on this before. It's a shame that you have only just found it but please will you get a screenshot and also give us a link to the page which contains this and if possible a link to the actual passage. This makes a huge difference because if this is right that the third party actually has a direct contract with the courier company then they can rely on their consumer rights rather than commercial rights. Also as you seem to have pointed out, even if  their commercial contract does exclude third-party rights, the clause that you have found on the eBay site directly contradicts that And this should be pointed out to the judge.  Please will you screenshot the passage. Give us a link and then stand by for a response later on today. We will have to send this additional piece of information to the court and don't worry we will manage to do it before the 4:00 pm deadline. And in any event, you will certainly want to see the entire contract in original form and receive clarification as to when their third-party exclusion close was included in it.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Fendyweather -v- Yorkshire Bank


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6191 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

:D :D Hi there,

 

I currently have ongoing claims with NatWest Bank and Abbey National, both at court stage, Natwest about 3 weeks ahead of the Abbey claim, but was just reading on the HSBC site about CAG now advising us to go back longer than 6 years. Hence I remembered I had an account with Yorkshire Bank some 17 years ago through to 10 years ago, so Im going to make a start on that and try and claim back the charges. Luckily I have the old account number and sort code and everything so just wanted to start my thread on here about the claim. Im up for the challenge win or lose but based on Crushers info about claiming back longer and also Bankfodders Im really gonna give it my best shot at trying to go back the full 17 years ish on all charges, as Ive estimated the claim is going to be somewhere between 4K and 12K on charges alone. Do ya think I should go for contractual or S69 8% at court stage. Any ideas anybody........... Can I claim contractual on something going back 17 years ??? Does anybody know ????

 

WISH ME LUCK PEEPIES................ I think Im gonna need it........ Ive only been brave enough to claim 6 years with Abbey and Natwest so far, although Im also starting new Abbey claim too for the remainder of years going back 6, so should be interesting.............. Will keep ya all posted. S.A.R - (Subject Access Request) going off to Yorkshire bank tomorrow first class recorded. 40 days and counting starts tomorrow. Thanks........... Fendy xxxx

Link to post
Share on other sites

Ive still got my dog Moss, but just fancied a change, so got my dancing kick *ss bunny now dancing in the face of adversity. Lol xxxxxx

 

Anybody know if I can claim contractual on something going back 17 years. Because if up for it if I can..........

Link to post
Share on other sites

And what would the contractual percentage rate be to charge them from the outset.............. just waiting for my statements to come through or print out of whatever kind........... Lol xxx Fendy xxx

Link to post
Share on other sites

  • 2 weeks later...

Fends i shall be joining you on the Yorky forum soon.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

Link to post
Share on other sites

Yaaaaaaaaaaay Parky, it can become the new long boring banter thread too. Lol.

 

Okies had letter back from my old branch of Yorkies bank that I used to bank with today, basically saying in order for them to give me the SAR info I requested they need me to send in a copy of drivers license or passport for both me and hubby. So photocopied passports, and sent off to local branch with copy of their letter today by recorded. Sit back and wait again for statements or other info they send, Ive asked for all info right back to Dates from inception of account to closure of account. Luckily I had account number and sort code so info should be easy to get. Fingers crossed anyways........... right back to Natwest and Abbey claims now. See yaz peepies. Fendy xxx

Link to post
Share on other sites

  • 5 weeks later...

Well SAR is up tomorrow for Yorky bank. Oh for those of you that dont know, I won my Natwest Claim on Friday 1st June. Just waiting for cheque to plop onto my doormat this morning. I won at £15,500.00 so there you go. It can be done, and if theyre still paying out, take no notice of any Lloyds wins. Theyre all by accident, Lol xxx Keep claiming and dont let any other wins scare any of you off. We can win and we are still winning, on a daily basis.

 

Right, back to Yorky Bank. They sent me a letter acnowledging the SAR and stating that they had 40 days to send the info out to me from the date they cashed the cheque. Bullsh*t. I sent them a letter stating,

 

No No No I dont think so. I sent SAR recorded delivery, it was signed for on XX date, thats my proof you received it, and you have 40 days from the date of receipt of that letter in which to send me the information I have asked for, so dont try it on with me. Etc. Etc. Etc. Well the SAR runs out tomorrow, so if no statements by then, I will be writing to them again to say 7 further days, end of, and also writing to the ICO, with proof of my SAR requests and copy letters and recorded delivery slips to prove non compliance, and if the ICO dont get me an answer from Yorky Bank quick, then I shall simply file MCOL for non compliance and claim a nice bit of compo into the bargain. Im just not sure how much Yorky Bank one is gonna be, but Im hazarding a guess at somewhere between £5000 and £10000. Really. So you can see why Im chasing hard for the statements................ Its just a good job, that even though the account has been closed some 8 years, that I had kept some statements from that old account and hence was able to provide them with account number, sort code, etc. etc. etc. to speed up the SAR, cos we all know they like to play games and pretend they cant find account number etc. etc. etc. HSBC currently messing me about big time on this one. But Ive got all the time in the world to keep claiming so Im not gonna panic. I know I will get the info eventually, even if it means I have to file court action to get them to comply. THEY WILL COMPLY. I WILL MAKE SURE OF IT.

 

Fendy xxxxxx

Link to post
Share on other sites

Well done on your Natwest claim Fendy :D I can see that YB will have a big fight on their hands with you.

 

Good luck.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

Link to post
Share on other sites

  • 2 weeks later...

Well, tis 12th June and still no flipping SAR info......................... Yorky bank cashed my cheque on 24th May, so what they playing at. Im giving them till next Monday 18th June to comply with SAR, then its file at court for non compliance. *ssholes........................... deliberately mucking me about and telling me what they can and cannot do. Im not having it................... Im running the show on this one, not them, Lol Lol Lol xxxx I wont flipping play ball with their deadlines............ the 40 days since SAR request is well past........................ they are trying to say its 40 days from cashing the SAR cheque, not 40 days from receipt of letter. I mean, how *rsey can one bank be...................... they will regret it, cos I was just gonna go for 8% interest at court stage, but now, Im asking for contractual right from the start. Ha, that will serve them right.

 

Fendy xxxx

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...