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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.

maybelline v Halifax ***SETTLED IN FULL***

maybelline

By maybelline
in Halifax and IF successes

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maybelline

maybelline

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quick update, no news from Halifax, the judgement was given on 4 Dec,by my reckoning they had one month to file a set aside. I will contact the court at then end of the week, no news on the warrant of exectuion either.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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hello, just spoke to the bailiff, who was rather abrupt, said it would take a month and couldnt get off the phone quick enough, however, he was quite polite by the end of the call, and agreed he would do what he could.

 

thinking on this, bailiff also feels I will not get my money, that they will defend in some way and my enforcement paperwork seems to be in a different pile because I am fee exempt (disability).

 

boot stil on my foot then.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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according to my dates, halifax have not done anything since judgement was given and this is more than one month so doesnt this mean this will stay on their file for six years??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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TT, how is your case going? did it go into a hearing.

 

Halifax have not asked for a set aside or responded in any way to the judgement I got on 4 Dec?? the warrant of execution is with the bailiff but still no news -

 

surely they should pay up or set aside inside a month, does anyone know if this is the case, the month time limit and have any suggestions as to the next move.

 

??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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still no news, hopefully not long before the whole six years issue gets a proper airing

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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TideTurner

TideTurner

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Maybelline, phone the Bailiff's again, and tell them you require a date for enforcement. Have they served notice on the Halifax?

 

Fee exempt? Different piles? Sounds like they have a different process for those who are Fee Exempt, which usually leads to them having to inform a dept. that you may come into money! This will be a standard procedure.

 

I believe they have 28 days from the date of service to enforce (anyone clarify). What are they playing at? It may be down to the fact they are inundated at the moment, in which case you should phone them every day until they have carried out their duties.

 

Halifax have missed the boat, and given the latest media exposure, looks like their problems are going to get a whole lot worse.

 

The Bailiffs need to do their job now, before they get too busy. The Halifax will spit money if they do. Get a slot in their schedule.

 

Tide

 

PS. Kazzaw has done this, and there is a seperate Bailiff's thread at http://www.consumeractiongroup.co.uk/forum/bailiffs/44284-bailiff-discussion-moved-hijacked.html#post350961

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maybelline

maybelline

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apparently, bailiff received info on 29 Jan, I spoke to them on phone and they said it could take 2 or 3 wks for them to get visit or speak to Halifax, cant remember now what reasons they gave but it sounded valid at the time, I will ring them tomorrow. I had made a note on my calendar to remind me the bailiff should have been in touch with them by 19th as a result.

 

I am wondering why they dont just deal with it, do halifax have any options (apart from the obvious, ignoring tactic.)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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TideTurner

TideTurner

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Maybelline,

 

I think Halifax has missed the boat on this. Send the boys in. Can't see what the delay is - get your money!! If the situation was reversed, they would have somebody dedicated to ensuring the Bailiff's got in on time. And they sleep at night!!

 

BTW. My case now includes interest and damages (I lost everything - it was a mortgage, and the mice came in whilst the cat was in London) so I have an 8 page N1. Bit worried about this and am trying to cut it down. Looking to issue but it will cost £1700.00. Monday it is then.

 

Tide

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maybelline

maybelline

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I will definately ring the bailiff in the morning, I also wrote to Halifax to suggest politely that they fulfill the judgement given but it has been ignored, I will of course keep copies of all my attempts to settle with them for the court if it has to go to that, I noticed on the Watchdog programme that even when the Judge told the banks to pay, some had to go back to the courts to get the payment!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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TideTurner

TideTurner

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Why do I get the feeling that the banks are setting up a parachute Company and transferring assets?

 

How can you trst a bank which has so much media coverage? And CCJ's?

 

One of the problems the bank has, is they have probably shafted the reporters who are reporting on them at the moment!

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Communications Act (2003) ; Consumer Credit Act (2006) ; Data Protection Act (1998) ; Limitation Act (1980) ; Sale and Supply of Goods Act (1994) ; Supply of Goods and Services Act (1982) ; Unfair Contract Terms Act (1977) ; Unfair Terms in Consumer Contracts Regulations (1999)

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emmaf01

emmaf01

Posted
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God, with not using/having contact with the Halifax for 3-4 years (though with the accounts open-though I've just found out yesterday, they closed one in 2003)- I'd forgotten what an obstructive, irritating bunch of penpushers they are to have to deal with!

 

Reading these threads, and now taking them to court via MCOL, has reminded me.

 

And after getting my money back, I will never go anywhere near them again. The amount of time it is taking me to get my money back has me muttering about this every day!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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maybelline

maybelline

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it is so unpleasant when you get treated badly on a personal level as well, the reality is of course that lots of people remain polite and easy to deal with in their role even if it is an unpleasant role they are obliged to perform, some are also claiming their unfair charges (hello) I must agree I have had some very frustrating conversations at branch level and on the phone and I would vote with my feet too:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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:cry:still no go, need to speak to the bailiff who is not available, will try tomorrow.:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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emmaf01

emmaf01

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He's obviously not a Halifax customer!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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maybelline

maybelline

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lol.

 

I dont exactly feel comfortable having a bailiff involved and it seemed rather ridiculous to me when the process of enforcement takes this path, some kind of automatic deduction (as in deduction of earnings which happens to us lesser folk) would be more effective.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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maybelline

maybelline

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has anyone had to go back to court, can I file a new N1 or use a different enforcement procedure??

 

can I write to the court that issued the judgement and tell them that the judgement is not enforced.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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TideTurner

TideTurner

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Posted
The amount of time it is taking me to get my money back has me muttering about this every day!

 

My Mrs tells me muttering is good. Haven't told her about the voices though.

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

New to BAG? - Read This First ; List of Banks ; Interest Calculations ; Library Templates

Communications Act (2003) ; Consumer Credit Act (2006) ; Data Protection Act (1998) ; Limitation Act (1980) ; Sale and Supply of Goods Act (1994) ; Supply of Goods and Services Act (1982) ; Unfair Contract Terms Act (1977) ; Unfair Terms in Consumer Contracts Regulations (1999)

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emmaf01

emmaf01

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Posted

Don't worry- there's pills for that!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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maybelline

maybelline

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HOW DO I WRITE THIS BIG ENOUGH - I WON - I WON - I WON -

 

judgement obtained in default, cheque sent to XXXX county court!

 

Come on Mods - change the title to 'WON'

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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sea-sidelady

sea-sidelady

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CONGRATULATIONS...!!!

 

You got there in the end.... Happy spending.

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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TideTurner

TideTurner

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Where's the party????

 

****Congratulations****

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

New to BAG? - Read This First ; List of Banks ; Interest Calculations ; Library Templates

Communications Act (2003) ; Consumer Credit Act (2006) ; Data Protection Act (1998) ; Limitation Act (1980) ; Sale and Supply of Goods Act (1994) ; Supply of Goods and Services Act (1982) ; Unfair Contract Terms Act (1977) ; Unfair Terms in Consumer Contracts Regulations (1999)

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emmaf01

emmaf01

Posted
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Brilliant- and so wonderful after all your effort!

 

Maybe they were afraid the bailiff was one of their customers...

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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