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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.

HaleVEgg

DazNorthants

By DazNorthants
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DazNorthants

DazNorthants

Posted
Posted

Started the ball rolling with Egg by sending online secure message DPA. Having read the other threads I expect to get a letter confirming ID. £180 looking at online statements for last 6 months. Expect it to reach £500

 

Now have Halifax

Amex

Capital One

Citi

First Direct to deal with. Expect FD to be £1000s thanks site just begining and very scary but hope from others. :)

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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hondamad21

hondamad21

Posted
Posted

Hi DazNorthants,

 

best of luck!!!

 

hondamad21

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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DazNorthants

DazNorthants

Posted
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Posted

Strange reply from Humpty for my DPA request via secure message.

 

Dear Dazxxxxxx

You're only able to view your previous 12 months worth of statements online, in order for you to have any older statements these need to be ordered as a paper copies.

 

To order paper statements for your Egg Card, we charge ?2 per paper statement up to a maximum of ?10 per request to cover the additional expenses in producing a paper statement for our Internet card.

 

If you'd like to have any paper statements sent out to you, please send another message confirming the date range you require and that you accept the charge. (We'll apply the fee on your Egg Card).

 

Thanks for your message.

 

Regards

 

Phil Gardner

Internet Customer Services

 

Reminded them that this is a DPA and set £10 max and as they had acknowledged my secure message then this is proof of receipt and they now had 39 days left to comply.

 

I wait tomorrows excuse.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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angry cat

angry cat

Posted
Posted

Hi,

 

I had a similar problem with Humpty Dumpty, in as much as you can only obtain a limited amount of statements on the Humpty Dumpty website.

 

Please view my thread - Egg have sent preliminary letter and DPA request, which is self explanatory!??

 

As you know the maximum that Humpty can charge you for your DPA disclosure is £10.00 and if you sent the BAG Library template letter then you should receive everything they hold about you and your account statements, going back to when you opened the account (that is within a six year period)

 

I personally made my £10.00 payment by Postal Order, basically to obtain the information quickly, together with the fact that I did not wish to incur the extra hidden cost of paying by credit card. ie you will be charged interest, as it will be classified as a transaction.

 

You will be asked for ID, which is ridiculous when you have an Egg account and you have sent them a 'Secure message'.

 

Anyhow, I wish you GOOD LUCK:)

 

angry cat

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DazNorthants

DazNorthants

Posted
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Posted

Cheers

 

Yes I tried the secure message system as I read a few people had success this way - not my luck though guess I will have to do the long winded DPA letter by special delivery. From what I've been reading humpty dumpty are the most difficult to get basic data but I wil get ;)

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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DazNorthants

DazNorthants

Posted
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Posted

Received reply on secure message asking saying they will send out data forms and ID. I responded with - something like "but you are sending to my card address and I made request on secure messaging?" then asked maybe they don't think it is secure.

 

I will fill out their forms as it is probably easier and faster in the long run.:roll:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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fergal71

fergal71

Posted
Posted

they are changing tactics due to volume I think as they posted mine and charged my egg card the £10 within 10 days received 5 years from 2001, last year is online...

 

dont give in!!!

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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DazNorthants

DazNorthants

Posted
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Posted

Wow see secure messaging on egg is secure :)

 

Dear XXXXx

I've requested that the 'Data Subject Information' is sent to your home address in the next 4-5 working days.

 

There is no need to provide identification in a secure message and the system is as secure as a civilian system can be.

 

I trust this helps and if I can be of any further help, please let me know.

 

Regards

 

David Ceney

Internet Customer Services

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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DazNorthants

DazNorthants

Posted
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Posted

Well despite all those assurances that secure message would be OK a ID letter arrived. Filled out where needed but printed on the back the DPA request - AGAIN. Reminded them the 40 days is likely to start from secure message as it was agreed by them.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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DazNorthants

DazNorthants

Posted
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Posted

Well there's a surprise no response to DPA request despite "they will be with you in 4-5 days" on secure message. Sent ID info last week too.

 

Anyway looking through the forum is there anyone that received a refund from Egg or even started litigation? Interested to see who is the futhest advanced.:roll:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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DazNorthants

DazNorthants

Posted
  • Author
Posted

Got my proof of ID returned and informed they would send information in 40 days! No I don't think so the 40 days started from my secure message that they agreed was accepted as proof.

 

Don't mind them delaying too much as I am using the card to book my hols and don't want them to cancel it yet. (don't know if Egg do) It does seem us Egg chasers are not that far forward.:roll:

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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DazNorthants

DazNorthants

Posted
  • Author
Posted

They have cashed the £10 fee today - so that's at least confirmed they received documents. It's like drawing teeth with Egg

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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  • 5 weeks later...
DazNorthants

DazNorthants

Posted
  • Author
Posted

Guess what I'm doing tonight - big bundle of statements arrived from Egg.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Yasmin

Yasmin

Posted
Posted

Don't waste any time....LOL & DON'T miss anything!

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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  • 1 month later...
DazNorthants

DazNorthants

Posted
  • Author
Posted

Cancelled my Egg card today and paid off balance. Now I am in a better position to do the rest.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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