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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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      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.

hilaryfrances v Yorkshire Bank

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caro

caro

Posted
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Apply for removal of the stay anyway Hils. Just because they've been stayed, it doesn't mean they can't be removed. Each case should be dealt with on its merits, and it's up to the judge to decide. Make sure your application doesn't get overlooked.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hilaryfrances

hilaryfrances

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PS just seen what you have said to Maggiemay about putting the hardship case. I am unemployed at the moment and I am claiming job seekers allownace. I am going back to college in September to do a course to allow me to work with children with special needs. I was sort of relying on the money to tide me over this 6 month period. My husband is working full time though, do you think I should mention the fact when I appoly for stay to be removed?

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caro

caro

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I thought that suitable for Maggie as the money taken was from benefits, and that is seen as Government money provided to people for a specific purpose. I don't know if your situation is the same.

 

I don't think that what you want to spend the money on if you win would really be a winning argument either. You need to concentrate on the legal arguments IMO.

 

Sounds like a great thing to do though, and I wish you luck with it.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Varangian3

Varangian3

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PS just seen what you have said to Maggiemay about putting the hardship case. I am unemployed at the moment and I am claiming job seekers allownace. I am going back to college in September to do a course to allow me to work with children with special needs. I was sort of relying on the money to tide me over this 6 month period. My husband is working full time though, do you think I should mention the fact when I appoly for stay to be removed?

 

Hils

 

The templates spell out clearly what the general issues are but these don't seem to cut the mustard with the courts as a form of injustice.

 

I think that the key to lifting the stay is to press the specifics of your case that mean it should proceed, and especially hardship.

  • Benefits you are on (is your JSA income-based?)
  • Have you had any benefits taken in penalty charges?
  • What debts do you have that will cause problems if delayed?
  • Any threats of action against you if you can't get your money now? (repossession, bankruptcy, bailiffs, debts that could be sold on)

I think that anything like this that you can use to prove serious personal problems will count much more than just arguing stuff like human rights on their own. You need to stand out from the pile of applications so lay it on (as Leeds girls can:D :D )

 

Varangian

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hilaryfrances

hilaryfrances

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hello Caro, I was not meaning to go for the sympathy vote! I worked with special needs kids years ago. (And yes I mean years ago, I am that old) and I just want to get back into it. I have sent a letter to the court outlining why I think the stay should be lifted. I have said that I did not think it was an unreasonable expectation to get my money back before the course started because of the status quo. I have worded it a bit better than that! I have also put into words what YB put us through and how angry I as when I found that these penalty charges were not lawful, I think I have put a good case. I also stated that I have put a lot of time and effort in getting to this stage and to have a stay imposed now was a little unfair. My official cag letter crossed in the post I have asked that the contents of this be taken into consideration as well before he makes up his mind as to what to do. Sorry if I have strayed from the CAG official path but I thought it was about time I did some thinking for myself.;;)

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caro

caro

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Templates are only ever meant for guidance, and it's absolutely right to adapt for your own circumstances, so go for it Hils. Put whatever is right for you. It's all trial and error at the moment anyway really, but between us all we'll get this lot sorted.:D

 

Regarding the benefits issue, I think you can only really raise that issue if you are entirely dependent on them, or possibly if your account is only used for benefits.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hilaryfrances

hilaryfrances

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Thank you Caro, I have not pleaded poverty to the judge, just stated that I have been out of work since May and that as I was going to college in September the money would be useful now.

 

Trial and error eh??? lets hope its my trial and their error:p

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Jennifrance1

Jennifrance1

Posted
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Go Hils - we are all rooting for you

 

I'm watching your thread with interest. Am about to do letter requesting lifting of stay and have collected together an awful lot of stuff for bundle (still not quite sure what to include and what to leave out). Am hoping that if everyone from this site who has had stay granted against them writes to court they will realise we are not just going to go away quietly.

 

Know what you mean about this site - addictive isn't it. Think it helps to know that we are not on our own in trying to get the YOBBO bank.

 

Jenni

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caro

caro

Posted
Posted

Know what you mean hils,lol. I have a bit of PPI to claim back to. I started a thread in the PPI forum ages ago, but haven't got any further. There just aren't enough hours in the day and somehow other things keep getting in the way.:(

 

Glad you're keeping the faith.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hilaryfrances

hilaryfrances

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:confused: well I have sent off two letters now both containing cheques for thirty five squids. One asking for proposed stay not to be granted and one asking for the stay to be lifted. First letter must have crossed in the post with the letter from the court saying that a stay was being put on all cases. I have expected first cheque to be returned, but no it was not. Hey Ho I have not had a reply yet as to wether my stay will be lifted, Bank holiday on Monday and I am supposed to be in court on Thursday, I will ring the court on Tuesday morning to find out what is going on. To say I am a tad peeved is the understatement of the year. Has anyone had a stay lifted yet? :mad:
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caro

caro

Posted
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I wonder if they will let you keep the court date to hear your application to remove a stay. Although this person's stay wasn't removed the bank didn't get it all their own way.;)BBC NEWS | Business | Judge calls halt to bank charges

 

And then there's this.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94703-hdr-hsbc-2.html#post1088093

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hilaryfrances

hilaryfrances

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:mad: well I still dont know what is happening, I have rang the court and yes they have my letter and no my case will not be heard on Thursday. Aparentley so many people have asked for stays to be lifted that the cases have been "put to one side" until the judges have a meeting to decide what to do. They will then let me know what is happening. Charming
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caro

caro

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Well I guess that's better than a flat refusal to hear cases. So close and yet ..... I can only imagine how frustated you are now Hils.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hilaryfrances

hilaryfrances

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:mad: bah humbug! still have not heard anything from the courts about the meeting the judges are having regrding the requests they have had asking for stays to be lifted.

 

Guess these judges no nothing about being skint then :p In your own time lads, no rush

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