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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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    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      Wow thats incredible. Thank you so much
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      If the purchaser denies having received it then sue P2G. If you simply don't hear anything more from the purchaser then you have the purchaser's name and address – and frankly for £48 I would go ahead and sue. As long as you have good proof of delivery then your chances of success are probably better than 95% and frankly the purchaser would probably put their hands up as they would effectively be being sued for the civil equivalent of theft. I wouldn't let it go if I were you. It would be a good exercise for you and gives you confidence the next time something comes up which is may be much more valuable
    • scott425
      Employment Tribunal

      By scott425 · Posted

      Thank you again Emmzzi for your insight. Not only did I do the work, but as a maths tutor delivering financial literacy workshops under the Govt Multiply project, the college were paid £400 for each student I recruited, which makes it an even bigger kick in the teeth! I spoke to Citizens Advice Bureau on Friday who advised me to go back to ACAS for advice and assistance, as ACAS are the experts in employment matters. They did also mention small claims court, as being more straightforward and less complex, but surely their solicitor would just contest this and I would lose the £80 court fee? If I did submit a claim through the small claims court, would I just leave the employment tribunal running until the outcome? The deadline for me to submit my schedule of loss is tomorrow, so I will submit today so that they cannot hold me in breach.
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      Ive just checked the tracking again and its actually out for delivery today! Anyway,  I refunded the buyer on Ebay off my own back on the 2nd of June they havent opened a case or anything like that so surely i cant take action against either the buyer or P2G/ Evri can i ? Id hope the buyer would see fit and pay but you know what people are like these days ... Once its delivered I'll send him a polite message asking for payment but i suspect there'll be no reply      
    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Thanks for this update. Let's not if you have any more difficulty – in particular if you have difficulty getting paid back from the purchaser. We can help you either against the parcel delivery courier or against the purchaser

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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

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      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.

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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.

HSBC T&Cs HERE

stax68

By stax68
in HSBC Bank

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stax68

stax68

Posted
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As we havn't come across any t/c's for 1989 - it would be ok for me to use the closest to it ('96) yes? and highlight the bits you think are most relevant?

Thanks

Sha

 

When is the earliest charge you are claiming for? My understanding is that if it's post '96 then you won't need the earlier T&Cs.

 

I assume that at least some of the charges you are claiming for were taken since 96? If so, then you will definitely need T&Cs from 96 or later to cover those.

 

Basically, you need T&Cs covering all times that charges you are claiming for were taken. So if you are claiming for pre-96 charges, there is a currently a bit of a gap in your evidence, but I wouldn't worry too much.

 

Unless HSBC produce the older T&Cs in evidence, the likelihood is that the court will have to go with the assumption that they were similar in relevant respects before 96.

 

In other words, they will very probably give you the benefit of the doubt - because it's more likely that the older T&Cs were basically the same than that there was some unknown difference which just happens to undermine your case. This is especially true because the T&Cs didn't change significantly for ten years after 96 - until the recent rewrite last December, which was obviously a response to our claims!

 

So even if HSBC did produce them you would probably be OK, because it really is very likely that the older T&Cs will turn out to be much the same as the 96 ones in all relevant respects.

 

You can highlight the relevant passages and/or make a note of them and/or paste the text into a document, but if it comes to going to court, the most important thing is to make sure you understand what they prove and how it is relevant to your case. Its important even if you don't get to court You may already have it clear in your mind, but if not, and anyway for the sake of anyone else who might want clarification, I've updated the summary at http://www.consumeractiongroup.co.uk/forum/hsbc-bank/95312-hsbc-t-cs-here.html#post883209 to make it clear what I think the significance of the key terms is.

 

So if in doubt, look at that post.

 

Also keep an eye out for the official CAG HSBC T&Cs post, which may be appearing sometime soon. In the meantime, hope this helps.

 

cheers, stax

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rob-the-viking

rob-the-viking

Posted
Posted

Stax, outstanding work! Good to see that a scanner and a many hours of photobucket action has turned out this work in progress! Your hard efforts will be of great use and reassurance to many people (myself included) engaged in war with the jokers at HSBC.

 

I tip my hat to you sir.

 

r-t-v

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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stax68

stax68

Posted
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Stax - this is absolutely wonderful. You've made an old girl very happy! :D.

 

Is there any chance of making this a sticky rather than a thread?

 

Not in my power to, but hopefully something is in the pipeline.

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welshbaba

welshbaba

Posted
Posted

Thanks for the info - was struggling trying to work out what I was looking for. Have read the link -(will be lots more I suspect) trying to get my head round it all and get it to sink in!!!!!!Still working it all out (or trying to)

By the way my claim is for period '01 - '07 I was asking for earlier coz I thought I saw somewhere to get t/cs's from when account opened. Ah well, prob brain in melt down again............

Thanks again

Sha

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