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      Hello,

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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.

Confused in Glasgow v Halifax...

Allie17

By Allie17
in Scotland Banks & Finance

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Allie17

Allie17

Posted
Posted

Hi,

 

Have been reading all the info on this site and finding it very useful...but also confusing!

 

Wrote, with copies of statements, to Halifax asking for over £3000 in charges to be reimbursed. Have received today the "bogstandard" fob off letter saying that my charges were correctly applied etc and that they are declining my complaint.

 

The letter ends with "We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the FOS for help. If I don't hear from you in the next 8 weeks I will assume you are happy"!! Well I am not happy!:mad:

 

Do I have to write back and say that I'm not happy and persuing FOS before approaching the FOS and do I have to give the bank 8 weeks "grace" before applying?

 

Have read all the threads re- splitting charges or paying solicitors and it just sounds very much "a pig in a poke" scenario so thinking the FOS route appears best? Ok appears to be a very long wait but successful??

 

Any thoughts and anyone had success through FOS?

 

Many thanks!!

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rory32

rory32

Posted
Posted

The banks have 8 weeks from your initial complaint to resolve the matter - after that you can complain to the FOS. The FOS have so far been 100% succesful in reclaiming charges. The added bonus is while the FOS is free for you it costs the bank £400.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Also would advise the FOS as you are on ordinary cause country if you go through the courts.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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wsm36

wsm36

Posted
Posted

Hi Allie, you don't have to wait 8 weeks to complain to the FOS as long as you have had the FINAL letter, I got my final letter from BOS so I contacted the FOS who have now started their investigation as of the letter I got from them today, and a week later I got another letter from the bank saying they were still investigating my complaint.

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Dusary

Dusary

Posted
Posted

[/url]

I don't know whether this will help or not . . . But I am definitely going to go down the FOS route.

 

If you have a look at my thread : ->

 

Dusary v HBoS

 

. . . . and the amount of money that HBoS have stolen from me over the past 6 years (and I'm waiting for my FULL banking history from them) . . .

 

Then you'll see why!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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rory32

rory32

Posted
Posted

Sorry if I wasn't clear - as wsm36 says you don't have to wait 8 weeks if the banks give you a NO letter. The banks have 8 weeks to investigate and resolve your complaint. But if they send you a letter saying get lost they obviously aren't going to resolve your complaint so you can then go to the FOS.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Just as a point of note the FOS will only claim back 5 years worth of charges for you, but you can take your 5 years from when you initially complained to the bank.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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wsm36

wsm36

Posted
Posted

Have you sent the prelim letter and lba letter? Have they made any offer at all?

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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Allie17

Allie17

Posted
  • Author
Posted

hi,

 

sent the prelim letter with the statements which got the "bog standard" letter reply saying that they not at fault but to let them know if I was still wishing to persue complaint.

I have drafted an lba letter but am also going to go to FOS at this stage as the bank has said they not at fault and therefore I see that as them hoping that I leave it at that and intimidated into not persuing further.Therefore no offer has been made at all; just a point blank we have looked at your case and owe you nothing in charges.

Thanks to everyone for the very helpful advice and feedback.

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Dusary

Dusary

Posted
Posted
Just as a point of note the FOS will only claim back 5 years worth of charges for you, but you can take your 5 years from when you initially complained to the bank.

 

 

Is that REALLY the case, anyone?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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rory32

rory32

Posted
Posted

5 years in Scotland, 6 years in England and Wales.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Dusary

Dusary

Posted
Posted

Ah!

 

But if you get "fobbed off" by the Bank - and pursue your claim via FOS - can you now go the whole way?

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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rory32

rory32

Posted
Posted

Dusary,

What do you mean by the whole way? I assume you mean the whole of the life of the account. In that case the answer would be no.

 

The 5 & 6 years respectfully are governed by statute. The FOS will not challenge this statute. While there is the issue of enrichment (just as there would be if you were in possession of a statute barred debt) which is unlawful in common law, statute takes precedent to common law - so common law would not apply in this case.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Dusary

Dusary

Posted
Posted
Dusary,

What do you mean by the whole way? I assume you mean the whole of the life of the account. In that case the answer would be no.

 

AH!

 

I DID mean the whole life of the TWO accounts - thus far the total in charges is hovering just over the £20,000 mark, and that's only going back to 2001.

 

Thanks for that clarification.

 

I'm not sure, though, if the "common law" thing you referred to applies to Scotland. (But with you being domiciled in Scotland, I guess it must)

 

And there I was, thinking: "Oh well, when I receive the *get lost* letter from HBoS I'll just toddle along to the FOS and avoid the Court scenario.

 

 

Back to the drawing board, then!

 

Dusary

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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