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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.

      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.

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

reka
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reka

reka

Posted
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The cheque will be in their 'system' awaiting some signature or other - after all they won't be able to do anything "without orders signed in triplicate, sent in, sent back, queried, lost, found, subjected to public enquiry, lost again, and finally buried in soft peat for three months and recycled as firelighters"

 

Steven

 

ROFL... is that inside information? As is rings sooo true.

 

All they had to do was phone me and say, pop into the branch and get a bankers draft cheque or cash :-D

 

I will wait and see what father christmas brings..... that seems more likely

[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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Lula

Lula

Posted
Posted

Hi Reka

Well I go away for a few weeks and I come back and ind you are a media star LOL or is that a media Tart! ROFLMAO!!

 

Seriously though, you have been brilliant, hope you get your money back soon, I think that i might be tempted to write to the judge if you havnt received your money by monday, and tell him the efforts that you have had to go through to obtain your money and let him deal with it, that should get them a right rap on the knuckles ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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ICY

ICY

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A quick report just been on your money on bbc news 24, which hopefully should give those questioning wether to chase the banks, the push they need.

:madgrin:

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deedee1310

deedee1310

Posted
Posted

Well done REKA!!

:D :D :D

You're another CAG star alongside Mariejader and anyone else I have missed out (sorry).

 

Let's hope that this week brings your cheque. ;)

 

deedee

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Lula

Lula

Posted
Posted

Priceless Icy, although they might argue that Penalty charges are unlawful. he should report back to the court and let the courts see to them, now that would be funny :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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AndyGFLees

AndyGFLees

Posted
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Reka,

 

Congratulations on your well deserved victory.

 

My understanding was that, once the baillifs were called in, any payment due went to them, including their costs, and you got your payment from them (the Baillifs).

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reka

reka

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BBC are contacting the Abbey asking where my cheque is, and want to do another interview tomorow. Will let you all know when i do.

 

Also, i now have a link to the full Channel M news interview from last week,

 

I am doing another one for channel M due to go out at 8:15 tomorrow (tuesday 10th July) on sky channel 203.

  • 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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Lula

Lula

Posted
Posted

Meeja Tart LOL, I will try and watch it, if the monkey will let me turn Cbeebies off :p i have just turned channel M on, Its a local channel for local people LOL

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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reka

reka

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nervous, i was terrified as we didnt have time to discuss it before they went live. Hopefully we will be better organised for tomorrows.

 

Still waiting for the BBC to get back to me and tell me what the Abbey have to say for themselves

[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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Lula

Lula

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I find it amazing how abbey seem to fail to receive so much correspondence, from the courts especially, and even if they raised a cheque on the 28th June and posted it 2nd class, it should ave gotten to you by now, have you checked your abbey account?, after this I would refer the whole matter back to the court and get Abbey a severe case of rapped knuckles

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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reka

reka

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Thanks Jules,

 

I actually haven't seen it yet, i am sure i will get a copy by the end of the day from somewhere.

 

BBC got bact to me yesterday evening, apparently, the Abbey are saying they have paid me and are supplying the bailiff with copies.... I don't have a cheque and dont have an account with them other than my mortgage so this could be interesting. I left a message for the bailiff to get intouch but will try him again shortly. This whole thing gets more and more curious.

 

I hear they put a banner advertising ConsumerActionGroup during the interview aswell, lets see those floodgate doors opening with Abbey claimants :)

[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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jules1973

jules1973

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I taped it for hubby to watch later. Typical abbey, try and blame it on the post, why dont they allow you to just go into a bank and get the money in cash form.

 

The longer this goes on the longer they look bad. I cannot believe the way they are treating you, especially as you have a mortgate with them. I am so glad mine is not with them anymore. I would never consider them again for my mortgate.

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Lula

Lula

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This has gone on long enough, they are sulking because they lost, if they provide "proof" to the Beeb, perhaps you can ask the Beeb to ask them to pay it directly into your new account, after this, you really need to go back to the judge and let them provide proof to him, this is absolutely appalling, the cannot be allowed to continue to flout a court order like this

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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reka

reka

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I have now spoken to the Bailiff, he has a faxed copy of a cheque and letter dated 28th June. He gave me the phone number for Abbey legal department/solicitors and told me to phone them.

 

I spoke to the Abbey, informed them that i have recieved no such letter or cheque. I have requested that they arrange for another cheque to be issued or cash that i can collect from my local branch. She said that they are only the solicitors but will speck to the Abbey and get back to me. So i am waiting for a phone call now.

 

I called the bailiff back, i need to inform him and send a letter to the court once i recieve the cheque and it has cleared in my account.

[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 taped it for hubby to watch later. Typical abbey, try and blame it on the post, why dont they allow you to just go into a bank and get the money in cash form.

 

Oooooh, you taped it i am trying to source a copy so i can upload to u tube.

 

This case is making the Abbey look really bad, i just hope it doesn't have an adverse effect and make people think that they cant be bothered with all the hassle!

[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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OMFG! (can i say that?)

 

Guess who i just had on the phone!!!! INGA KIRKMAN!!

 

She is cancelling the cheque today, and will be paying one into my barclays account tomorrow. She said she cant pay it in to Barclays with her computer system, so she will go into a barclays branch tomorrow herself and pay the cheque in herself in person..... :D (tee hee)

 

I can't wait to check my account tomorrow.

[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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Lula

Lula

Posted
Posted

I just cant believe that they are acting like this , well , what am I saying, I can believe it but it is appalling.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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