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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.

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      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.

Ethical banking?

BankFodder

By BankFodder
in Cooperative Bank

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BankFodder

BankFodder

Posted
Posted

The Coop touts that it is involved in ethical banking. This is to be aplauded of course. However, they still impose excessive charges for exceeding overdraft limits or for bouncing DDs and SOs.

Is it true, then, that only charity starts at home. Ethics begins somewhere else.

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Flyermonkey

Flyermonkey

Posted
Posted

I have taken this up with their call centre muppets, and apparently their ethical policy still stands as their charges are lower than anyone elses!

They are still excessive though, as we are talking a couple of pounds cheaper - I am about to take to take court action against them on Monday unless I have had a reply to my 7 day warning letter.

 

I moved to them from Bank Of Scotland (HBOS) for the presice reason that I thought they would be fairer, in line with their ethical policy. Nae chance.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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MoneyBAGs

MoneyBAGs

Posted
Posted

It's just so much rubbish, isn't it. "We are ethical because we overcharge slightly less than the others".

 

The fact remains that disproportionate penalties are unlawful and therefore can scarcely be considered to be ethical.

 

I suppose that you could quite reasonably argue that in the case of the Coop, failure to act ethically is a breach an implied term to do so.

 

Good luck with your case. I hope that you give us a blow by blow account of it here.

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  • 3 weeks later...
western promise

western promise

Posted
Posted

That's interesting re Smile - last month my OH went over her OD limit by £65 for about 10 days and wasn't able to correct it because she was in hospital having a baby. Smile have charged £65 for this, consisting of £15 penalty plus an arbitrary daily punishment of £5 on top of penalty rate interest.

 

I am inclined to go after them for the £65.

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BankFodder

BankFodder

Posted
  • Author
Posted

The ususal disgraceful story.

 

Why are you only tempted?

 

Don't you ever give in to temptation?

 

 

 

***************************************

If you do, the post it in Other Institutions.

 

8)

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BankFodder

BankFodder

Posted
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Well it would still be worth making them say what they are doing for their money.

I don't normally like spending my money on a pig-in-a-poke.

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BankFodder

BankFodder

Posted
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£35.00 on £3.75!! :o :o

 

So are you going to sit there and take it - or are you going to stand up and fight like a ... person? :twisted:

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BankFodder

BankFodder

Posted
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Posted

Get copies of the letters. Use the DPA if ncessary. However, all you really need is the bank statement. Ask for a copy of that. The you are in business.

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BankFodder

BankFodder

Posted
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Posted

I'm going to lock this thread as it has departed form the original subject title but split off your last post to Other Institutions and respond there

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Thread Locked

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Please click the "Report " link

 

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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