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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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      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.

Re: diamondcats v Abbey

diamondcats

By diamondcats
in Santander

 Share
style="text-align: center;">  

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because no one has posted on it for the last 6168 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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diamondcats

diamondcats

Posted
Posted

Hello everyone

 

I wonder if anyone could help me. I have filed a claim against my bank, Abby, and have just recieved a reply from the courts which I am confused about.

 

The letter states the following:

 

"Upon the courts own motion. The court has made this order of its own initiative wothout a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it."

 

(first of all what does this mean, what happens in each of the three options i.e. to have an application set aside, varied or stayed and how would you go about either of them?????)

 

The letter then continues as follows:

IT IS ORDERED THAT

 

"This matter be listed on the 4th of July at 2:00pm to consider striking out the claim as disclosing no reasonable prospect of sucess in the light of the recent decision of Berwick -v- Lloyds TSB 15 May 2007."

 

My understanding is that the above case was dissmissed from court as the Judge, Judge Cooke from Birmingham, "took the view that the bank charges were legitimate fees for a package of services and not excessive penalty charges" (This Is Money, 2007) and was referring to charges of an overdraft.

 

My case is not claiming for fees incurred from an overdraft as I did not have one but from Direct Debits. All the charges I want to claim back are of approximately £2200 including interest all of which I was charged over a one year period. I was charged twelve times in one day at £35 per time as they just kept trying and trying repeatedly.

As a result I see my charges as extremely unfair penalties and would like to ask if I can appeal against the District Judge Besford for considering striking out my claim on the grounds of an unrelated claim?

 

Please answer as soon as you can as I have to reply to the court by tomorrow, my 7 days are over. I would have asked earlier but I have only just found your site :-(

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diamondcats

diamondcats

Posted
  • Author
Posted

Hello again

 

Just to say that I have now had things explained regarding the letter I recieved (must have been having a dizzy day). I simply have to go to court on the date set where the Judge will decide whether my case is worth pursuing. :-)

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steven4064

steven4064

Posted
Posted

Which court is this?

 

I think you would be wise to do a bit more than just turn up at court and see what the judge decides. He has obviously misunderstood/not read the judgement on the Birmingham case.

 

You ought to have your own thread - you might get missed here at the tail end of a successful thread.

 

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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steven4064

steven4064

Posted
Posted

Bump for a mod!!

 

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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steven4064

steven4064

Posted
Posted

Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

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.

  • Haha 1

 

 

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Bookworm

Bookworm

Posted
Posted
Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

Steven

 

 

He/she will get notification by e-mail of the PMs sent, so can't do much more than that, all we can do is wait and hope he/she will log back on soon.

 

Thanks for finding this, Steven. :-)

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steven4064

steven4064

Posted
Posted
Can i ask what Bank this is at?

 

Abbey Bank (aka Abbey National), the case is at Hull

 

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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steven4064

steven4064

Posted
Posted

I thought you probably did.

 

Are you a Hull person too? If so, you need to respond to http://www.consumeractiongroup.co.uk/forum/announcement.php?f=12&a=94 as soon as possible

 

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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diamondcats

diamondcats

Posted
  • Author
Posted

Hello Steven

 

Thank you for your response. I will try to get you the details you have asked for (somehow) I dont have a scanner and my computer knowledge is a bit primitive :???: . Yes the court my case is being dealt with is in Hull.

 

:)

 

 

 

Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

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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Bookworm

Bookworm

Posted
Posted
Hello Steven

 

Thank you for your response. I will try to get you the details you have asked for (somehow) I dont have a scanner and my computer knowledge is a bit primitive :???: . Yes the court my case is being dealt with is in Hull.

 

:)

 

DiamondCats, please do not send your info to Steven (no offence, Steven!), pls send it to:

 

 

Even if you can't scan the stuff straight away, I strongly recommend you e-mail them asap with your contact number as per this announcement:

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?a=94 and take it from there.

.

.

.

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steven4064

steven4064

Posted
Posted

No offence taken - I was trying to get DiamondCats' info there anyway. I'm happy to butt out now

 

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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