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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.

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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.

Revealed via YB online banking

Andy Wade
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Andy Wade

Andy Wade

Posted
Posted

Hi folks,

I've been with YB since 1975 and it's a shame that I can't sue them for unfair charges for the whole period I've been with them. :mad:

Anyway, that's for another time, I've a lot of forms to download tonight. :D

How exciting. :)

 

On another note.

I noticed a funny thing that sometimes happens with money in my account.

When a DD (direct debit) is due to come out on a Monday, the money for the DD often disappears from my account just after midnight on Friday. Which I guess means that the bank had taken it out thinking that I wouldn't notice.

But I did. I have online banking of course and you can see the balance change.

 

I contacted my branch the next working day to ask why this had happened and (eventually) spoke to a very nice lady who informed me that it was bank policy to take the money out so that I couldn't accidentally remove it myself, thus making the DD fail on the Monday morning.

This only happens over the weekend of course. During the week it would be spotted by all their customers.

Unfortunately I don't have a record of the conversation with the very nice lady.

 

Is this yet another example of banks riding roughshod over their customers?

Does anyone else have any experience like this?

 

Andy.

19/6/06 Data Protection Act letter sent recorded delivery.

27/6/06 Confirmation of receipt from Clydesdale Bank. Awaiting statements.

7/7/06 Statements arrived in the post - all 3 accounts as requested. (This took 18 days in total).

10/07/06 3 accounts - £898.00 excluding interest of £216.61 - Prelim letter posted by recorded delivery.

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Robertxc

Robertxc

Posted
Posted
I've been with YB since 1975 and it's a shame that I can't sue them for unfair charges for the whole period I've been with them. :evil:
Don't be so sure about this. A number of people on this forum are exploring how to go back further than six years. Consider how it is that people can sue fag companies for getting them hooked in the fifties and sixties...

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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caro

caro

Posted
Posted

Hi Andy

 

Welcome to the forum.

 

When I banked with YB I used to notice that the money for DD's etc did not show on my account if I checked my balance at the cash machine over the weekend, so I guess it must be standard for them. As Robert says, some people are trying to claim further back than 6 years. I think some members have been spurred on by their success with claims over this period and then tried another claim going back further, but it is quite experimental at the moment. As a matter of interest, when I asked for my statements I named a date 6 years back, but they sent them from when I opened the account over 7 years ago. Mind you, they wanted to charge £5 a sheet and didn't seem to understand what a DPA request was. The banks are on a very steep learning curve.:p

 

Good luck anyway.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Janet-M

Janet-M

Posted
Posted

I contacted my branch the next working day to ask why this had happened and (eventually) spoke to a very nice lady who informed me that it was bank policy to take the money out so that I couldn't accidentally remove it myself, thus making the DD fail on the Monday morning.

This only happens over the weekend of course. During the week it would be spotted by all their customers.

Unfortunately I don't have a record of the conversation with the very nice lady.

 

This is why we stress to always record your calls .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Andy Wade

Andy Wade

Posted
  • Author
Posted
This is why we stress to always record your calls .

 

This was 18 months ago. I did actually ask for an answer in writing (but I never got it) then my partner had our second child and everything else became less important. :D

I was not fully aware of the efforts made by you guys until I saw Trevor McDoughnut and Martin from moneymanager.com on the telly last night. Now I'm wiser and I'll be recording everything. Thanks for your answers.

 

Up 'til now I've always thought of the bank as an entity that I couldn't fight, I now see that's a complete fallacy. My only worry now is that I might miss the boat. Story of my life. Refunds are what happen to other people. Not this time. :D

19/6/06 Data Protection Act letter sent recorded delivery.

27/6/06 Confirmation of receipt from Clydesdale Bank. Awaiting statements.

7/7/06 Statements arrived in the post - all 3 accounts as requested. (This took 18 days in total).

10/07/06 3 accounts - £898.00 excluding interest of £216.61 - Prelim letter posted by recorded delivery.

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norvernrob

norvernrob

Posted
Posted

Damn right! Just carry it through and don't let anything they say deter you. Stick to the timescales this site promotes, ignore anything the bank says unless it's a full offer and you will get your money.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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trundlecat

trundlecat

Posted
Posted

So you don't "accidentally" remove it & they can "accidentaly" have the benefits of getting money in early. Afraid I'm going to have to say it again..... bunch of *****!

 

Good luck with the claim Andy :)

Yorkshire Bank £2201.24 - Settled in full

My Abbey £731.34 - Settled in full

Hubby's Abbey £1239.49 - Settled in full

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