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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.

azucar v. llyods tsb ** WON**

azucar

By azucar
in LloydsTsb Successes

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jowalshy

jowalshy

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I would go for N1 as it gives you more space to fill in your Particulars of Claim. You can add onto your claim any charges that have been levied from your account right up until the time you file your claim with the courts. As for your letter not being recorded delivered, I wouldn't worry about it, just remember to keep a copy of it for your own file.

 

What interest are you claiming?

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jowalshy

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I am a bit confused as to what interest you are claiming back. Are you trying to claim back all of the interest that they have charged you or just a proportion of it that relates to your charge?

 

If you are trying to recoup all of the interest, then please be advised that you cannot do this. You can only reclaim a proprotion of it that relates to the charge taken from you. e.g if you go over your o/d limit by £50 and they charge you £35 for the privaledge, then charge you £2 in interest. that £2 relates to the total over your limit ie £85. You can only claim back the part that relates to the £35.

 

It is best to clarify this before you go down the court route to save you ammending it at a later date.

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jowalshy

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As for the interst being taken in June. Unfortunately you cannot add this now if you file your claim now as it hasn't been taken yet.

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jowalshy

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Posted
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whooops, never mind. You still have time to change it as when you submit a claim with the courts you will be sending them a copy of your up to date schedule of charges anyway and also a copy will be sent to Lloyds solicitors once they have acknowledged your claim.

 

Now lets get you back on track.

 

Go to the bank templates library and then go to the spreadsheet calculations post (No. 6). Use the advance spreadsheets and follow the instructions there. This spreadsheet will then calculate the proportion of interest that you can reclaim.

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jowalshy

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The answer to your first question is - that is correct. You can only claim after the first penalty.

 

Is there anyway you can access your statement online? I know that you can for HSBC, but I don't know whether you can do this for Lloyds as I am claiming on behalf of my brother and he had all of his statements.

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jowalshy

jowalshy

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Have you tried popping into your branch and requesting a printout of the statements you need. You never know, sometimes they can be helpful.

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jowalshy

jowalshy

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ive just had a good read through some threads and if i've read everything correctly, this o/d interest percentage i'm seeking to claim is contractual interest right?

 

!

 

No it is not contractual interest. It is claiming back the interest that they have charged you on the charges they have taken from you.

 

Contractual interest is charging them interest at the same rate they have charged you on the charges they have taken from you. I will try and find some thread for you of people that went for the contractual interest.

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jowalshy

jowalshy

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Also, contractual interest really has to be mentioned right from your prelim letter and if you are claiming it you cannot claim the 8% stautory interest at court stage.

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jowalshy

jowalshy

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Here is one thread that I have found where someone won with contractual interest.

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html?highlight=contractual+Interest

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jowalshy

jowalshy

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Contractual interst = charging them interest on the charges that they have taken from you at the same borrowing rate they charge you.

 

e.g they charge you £35 for bouncing an item so you charge them interest at the same o/d interest rate(for unauthorised borrowing). Have a read of the thread I put in post No.23.

 

The overdraft interest is reclaiming a portion of the interest that they have charged you on the charges they have taken from you.

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