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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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      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.

Reka v Abbey ***WON IN COURT!***

reka
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reka

reka

Posted
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I am off to Manchester County Court to hand in my "Request for Warrant of Execution".

 

Roll on the bayliffs :D

  • Haha 1

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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steven4064

steven4064

Posted
Posted
I am off to Manchester County Court to hand in my "Request for Warrant of Execution".

 

Roll on the bayliffs :D

Goodie, Goodie!

 

(BTW do you know about http://www.consumeractiongroup.co.uk/forum/cag-meets/89802-cag-natwest-forum-members.html)

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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gimmie.cash

gimmie.cash

Posted
Posted

Oohhh, How Exciting.

 

Well Done Reka on a fantastic result.

LMAO, to see the face on some temp Bank clerk when 2 large gentlemen roll-up demanding money.

"how does that shoe feel, now that it's on the other foot, Comfy? I doubt it!"

:)

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reka

reka

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Papers are now in, i now have officially put in a "Request for Warrant of Execution"

 

Will i be informed from the court or Bayliffs when they are going to turn up?

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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reka

reka

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I hope so, if they do let me know, i will be there, camera at the ready lol

 

I hope they let me know if they are going to call in the branch to recover the money! I will be there with my camera aswell.....wonder if BBC and Sky will be interested :cool:

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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archer_66

archer_66

Posted
Posted

ooo reka was pointed here by a friend....as im due in court on wednesday and ive heard nothing off them and they do not want to deal with my offers at all....

so is it ok if i nick ur judge speech off you??

congrats about the win in court thats fantastic! it shouldve been on the front page like the lloyds loss!! that would get the banks moving a bit!

cant wait to hear about the bailiffs!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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reka

reka

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ooo reka was pointed here by a friend....as im due in court on wednesday and ive heard nothing off them and they do not want to deal with my offers at all....

so is it ok if i nick ur judge speech off you??

congrats about the win in court thats fantastic! it shouldve been on the front page like the lloyds loss!! that would get the banks moving a bit!

cant wait to hear about the bailiffs!!

 

feel free to use anything of mine, united we stand and all that. Although, like with 99.9% of claims i would expect the Abbey to make an offer by the day before you are due to appear. Make sure you go for wasted costs, i went for 25hrs@£9.25 but 30 hours is also aceptable.

 

Good Luck....i will find your thread and watch with interest..

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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archer_66

archer_66

Posted
Posted

oo yea what did they say?

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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reka

reka

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I am calling the courts on Wednesday..... it will take a while to be actioned as they have to process my EX160 before they can look at the aplication. Hopefully by wednesday i should have an idea. I was told when i handed in the "request" at the court that once they process it, they will "send a letter to the bank stating that a bayliff will be calling unless they recieve the money beforehand"...well thats my understanding of what they said..... soooooooooo, i reckon we are looking at next Wednesday give or take a few days either side. OOh, thats my sons birthday, woo hoooo!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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reka

reka

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well, i expect there will be a few coughs and splutters, as its going to my local branch :D

 

I hope a saturday staff person opens it and just bins it ....okies, thats hopefull thinking

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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greekstalion

greekstalion

Posted
Posted
I think you are right, the ***** are soo snowed under that its taking them ages to process any mail they get. Most people seem to have submitted their bundles in pleanty of time....... i submitted mine at the 11th hour, hence they probably have not even opened my bundle yet!

 

Thanks for wishing me Luck :D

 

 

Reka

 

I have a court date of 7th og Aug. The court bundle needs to given 14 days before the court date. Am I correct on that?

 

Thanks

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reka

reka

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Reka

 

I have a court date of 7th og Aug. The court bundle needs to given 14 days before the court date. Am I correct on that?

 

Thanks

 

It can vary, mine was 14 days before the hearing. You need to check what it says on the order sent to you by the court. Sometimes it states that they have to be recieved witin 14 days..... have a check and post back what it says. If its neither of them then i am sure someone else will know the answers

 

All the best!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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reka

reka

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Wooo Hoooo!!!

 

I have just spoken to the Bayliffs Office, a warrant was issued on the 22nd of June, as yet they have had no reply from the Abbey.

 

I have the mobile number of the bayliff and am to call him tomorrow as he is off today.

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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ICY

ICY

Posted
Posted

Fantastic news, dont forget to get in touch with the M.E.N and maybe the nationals once you have a date for them to go in, will give people a lot of hope to fight back if they see bailiffs have been sent in.

:madgrin:

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archer_66

archer_66

Posted
Posted

lol i can not believe that they still havent responded! what idiots! talk about sore losers!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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reka

reka

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Posted

I have just had a really deflating thought. I suppose you can call it a reality check. I am due to call the Bayliff this morning to try and see if i can find out when he is going to call on my local branch so i can be there.

 

However, I don't know what he looks like. So even if i am outside i won't know its him. Chances are it will be some bloke in a suit, that will go to the counter, show the warrant and be handed over cash or a cheque! He will look no different to a usual customer!

 

Its not like the Abbey won't have the funds to pay him or wont be able to write a cheque out.

 

Ahh well.... at least it will mean i finally get my money!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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ICY

ICY

Posted
Posted

ask to liase with him before hand so you know whats happening, and ask for a time when he plans to "go in" or even tell him there is a press interest in this, best i can think of

:madgrin:

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jules1973

jules1973

Posted
Posted

Get the baliff to wear a flower in his jacket so you recognise him :D :D I cannot understand why they are dragging their heels with you.

 

PS Need your pearls of wisdom,

 

Does this sound okay to send to the court.

Dear Sir/Madam,

Claim Number: xxxxxxxx

 

Could you please make a note of the following on my file.

 

I rejected a Goodwill Gesture of £280.00 from Abbey in settlement of my claim, and gave them authorisation to remove the sum from my account accordingly.

 

Its been two weeks since the money was credited to my a/c, and to date, they haven’t taken it back out . Therefore, I will now accept the £280.00 as part settlement.

 

Yours faithfully,

Thanks in advance.

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