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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.

Jamjaruk vs First Direct

jamjaruk

By jamjaruk
in First Direct

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jamjaruk

jamjaruk

Posted
Posted

Hello,

 

On 12 April I sent a letter to First Direct requesting for my list of charges from my closed account, to this date I have received no response. Is there anything I can do? It's been 32 days! Sigh.

 

Many thanks.

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damjef

damjef

Posted
Posted

Jamjurak, Did you actually send them a S.A.R (Subject Action Request) with a £10 cheque or postal order as per the step by step found here..

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

or have you just sent an ordinary letter?

If you have followed the procedure the bank has 40 days to comply, If they do not you can send them another letter allowing a further 7 days..

Hope this helps....

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jamjaruk

jamjaruk

Posted
  • Author
Posted

Hi,

 

I did send First Direct an S.A.R with a £10 cheque. I have postal proof too.

 

When I send them another letter giving them a further 7 days, if they don't respond what other steps can I take?

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damjef

damjef

Posted
Posted

Hello,

Wait till 40 days are up before you send another letter giving them a further 7 days.

I didn,t actually receive all of my information untill near the deadline.

To the best of my knowledge....(If any one else can add anything??)

If you don't receive the information you can complain to..

 

1.FD complaints address to

Customer Relations Manager

first direct

40 Wakefield Road

Leeds

LS98 1FD

 

2.Information Commissioners Office using this pdf form but read this Freedom of Information

 

If all else fails complain to the Financial Ombudsman. hope this helps and Good Luck...

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jamjaruk

jamjaruk

Posted
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Posted

Thanks mate.

 

Received an e-mail reply from First Direct, informing me that the parcel of statements was sent via Royal Mail on 20th April, but was marked 'goneaway' by Royal Mail and was forwarded to a correspondence address. If I stand corrected when no one's at home, I'm sure Royal Mail leave a card informing me where to pick the letter from? I didn't receive one of those cards. I think they've lied! Can anyone help me out with this situation please?

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damjef

damjef

Posted
Posted

Hello,

If this is what they say get yourself off to your local P.O and check it out, They'll have everything on record. Did you ask which correspondence address it may have been forwarded to?

When this information has been verified you may decide what to do.

On the other hand you could ask them to resend it to you again via other means (ie; courier). Did they cash your £10 cheque? or send it back with the lost package?

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jamjaruk

jamjaruk

Posted
  • Author
Posted

Hi,

 

I'll phone the post office collection service first and see if their have anything on record.

 

I did reply to First Direct regarding the address and I am waiting - expecting a reply later today. And no they've not cashed my £10 cheque, I don't think they'll cash it.

 

It's strange how I haven't received a card (goneaway) from the royail mail, usually they leave a card informing where to collect the parcel from! Hmmm

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damjef

damjef

Posted
Posted

I do agree with what you say regarding the Royal Mail, There should have been a card left if the item was undeliverable, FD don't usually cash the cheque they just send it back stating that they offer this service free of charge. The other unusual thing is why would they send the package elsewhere?

Let us know what the outcome is....

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  • 1 month later...
jamjaruk

jamjaruk

Posted
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Posted

Hi all,

 

Finally, I got through to someone at First Direct. The parcel was sent via courier but because I wasn't at home, it was then forwarded to my old address! Thanks First Direct, for increasing my risk of fraud. Nontheless, I've got them to print off another batch and post them to my new address.... now waiting for the courier.... if it shows up

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indigoblue

indigoblue

Posted
Posted

FD did this to me even though they had my new address they sent stuff to my old address, the courier left it with a neighbour who 'kindly' opened it, I didnt find out for 10 days so they had been looking through all my personal infromation at their leisure

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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  • 5 months later...
jamjaruk

jamjaruk

Posted
  • Author
Posted

I got so busy with graduation and my new job that I forgot about First Direct.

 

Got off the phone with First Direct just now and they will offer me 88 pounds. I'm just waiting for that offer in letter and once received I will reject it requesting the full amount!!!

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