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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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      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.

Worried i have done a claim wrong!

breedsey

By breedsey
in Lloyds Bank

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remus

remus

Posted
Posted

sorry just thought,:) that was your poc, ignore 2nd part of my post

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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breedsey

breedsey

Posted
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Posted

Hi, Well i was all positive and just sat down to battle through it all and came across another BIG boo boo... I have no idea how this has happened but it has... i've just looked at my charges sheet against my bank statements and for some reason when i used the calculater on MSE it has put all my dates in the wrong way round so if its meant to be 07/11/2000, it has put it in as 11/07/2000, which means i have now claimed for the wrong amount of interest... Can this get any worse!!!!!:(

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GuidoT

GuidoT

Posted
Posted

Would not worry too much, at least it is in your favour; I think.

 

It is likely to get swept up when they eventually make an offer.

If I have been helpful please click on my star and add a comment.

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breedsey

breedsey

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But they are going to want to know how i came to that amount and i cant show them because if i use the calculater now then it puts more interest on it bacause its over a longer time?

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GuidoT

GuidoT

Posted
Posted

When SCM make an offer they usually calculate the 8% themselves, so it gets swept up then.

 

Notwithstanding you should re-calculate the interest properly using the spreadsheets on this site, if you need to back date it, just change the date on your PC.

If I have been helpful please click on my star and add a comment.

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breedsey

breedsey

Posted
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Posted

Ok, so in my particulars of claim i have asked for £780.37 in interest, but obviously its not going to be that amount now. So i now change my date on my computer and work the charges out again and that will give me the correct amount? so do i then send the court and SCM the new scheduile of charges or the old one that gave me the £780.37 interest. I'm thinking i have to go by the old one but then thats not going to match up with my statements...

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GuidoT

GuidoT

Posted
Posted

As I said it will get swept up when they make an offer. I am concerned that if you start to send new schedules it will cause further delays.

 

Do the calculations and see what difference it makes to the numbers and let us know, it should only be for a couple of hundred pounds.

If I have been helpful please click on my star and add a comment.

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GuidoT

GuidoT

Posted
Posted

Nothing will get 'thrown out of court' for a small mistake. Different if you were thousands out.

 

To change the date double click on the clock, shoud be at the bottom right hand side of your screen and then click on the date you want to use.

If I have been helpful please click on my star and add a comment.

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breedsey

breedsey

Posted
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As I said it will get swept up when they make an offer. I am concerned that if you start to send new schedules it will cause further delays.

 

Do the calculations and see what difference it makes to the numbers and let us know, it should only be for a couple of hundred pounds.

 

I just done my new calculations and its only £6.00 more.... So you think to carry on with my old charges schedule do you? because i would like to send it off tomorrow.

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remus

remus

Posted
Posted

Hi breedsey, I think you should send the new one, and as GuidoT has said [problem] will do their own interest, and as it is only £6 difference its just a small addition error.

did you remember to change the date back on your PC?;)

Happy claiming:)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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breedsey

breedsey

Posted
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Hi breedsey, I think you should send the new one, and as GuidoT has said [problem] will do their own interest, and as it is only £6 difference its just a small addition error.

did you remember to change the date back on your PC?;)

Happy claiming:)

 

Hee hee, Yeah i did remember to put the date back, done it straight away so as not to forget:D

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breedsey

breedsey

Posted
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Posted

Morning... I have sent off my list of charges to the courts, so do i now wait for a reply and then send a copy to SCM?

 

Also, Is there anything i could do to try and still settle out of court, i notice that on another post someone sent a letter to SCM at the stage i'm at now and they settled not long after, could this be worth doing?

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remus

remus

Posted
Posted

morning breedsey, send copy to [problem], and letter, can't hurt, and they will settle out of court anyway eventually:D I'm still waiting:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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remus

remus

Posted
Posted

Hi breedsey, just read through your post again, read post 22 from guidot, re sending letter to [problem]. also further posts are showing you what you need to do next:) Yes court bundle needs to be in 14 days before the 6th june, you need to go to Garyh sticky got a court date and start getting the paper work together. check your account every day incase they pay without notifying you, just read nearlythere's post (have a read):cool: .

my court date is the 25th july, I live in a bit of a back water:rolleyes: started in february, so I've still got time to read read and read some:p more

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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remus

remus

Posted
Posted

Breedsey, you need to send a letter re the goodwill amounts, the one saying thank you but I'm still taking you to court for the difference from £3260.37:D if you haven't already done so. just going to find it on the templates. and yes it yours spend it:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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