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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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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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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The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Janeyh -v- Abbey - I'VE WON !!

Janeyh
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Janeyh

Janeyh

Posted
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Just looked on Moneyclaim and apparently:

 

You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

I can hear the pay-out going up daily :D

 

 

 

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Janeyh

Janeyh

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Hi Karny,

 

No, not yet unless it's waiting for me when I get home from work.:)

 

I'm not sure when Abbey actually filed their defence, I haven't checked Moneyclaim for about a week. On the Moneyclaim site it has a date of 16.6.06 but that is when I filed my claim.:confused:

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Janeyh

Janeyh

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Well, postie has been - got a Notice of Transfer of Proceedings to my local court and an Allocation Questionnaire. No settlement offer though:D .

 

I've got until 5th August to return the AQ.

 

Just two or three things I've read on their defence that I would appreciate anyones thoughts on. Item no. 2 says "it is admitted that the claimant has a current bank account with the defendant, number ......" However, I have two accounts with Abbey, a current a/c and an Instant Saver, which are both included in my claim and have always been mentioned in any correspondance, and together give the total sum of my claim. Do I need to point out this error to the court?

 

Item no. 3 refers to the applicable terms and conditions which I agreed to when I opened my account blah, blah but bullet points under item no. 3 only make reference to overdraft interest rates, unauthorised overdrafts etc., no reference to unpaid DD's, cleared transactions etc. In fact, most of the other points only mention overdraft limits. Is this relevant?

 

Thirdly, when making references to "the Claimant", they would appear to think that I am male!.:rolleyes:

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Janeyh

Janeyh

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Got a letter from DLA yesterday with a copy of Abbeys defence. It would appear that I had made an error in the amount of charges because it included some charges that, at the time I made the actual claim, they had exceeded the 6-year limit. They were valid when I first began to investigate my claim but because of the delay in receiving missing statements from Abbey (2 months) they were out of date.

 

I accept this situation and intend to notify DLA that I agree with their statement. Anyway, they have re-calculated the figures and offered me the standard 50% in full and final settlement:rolleyes:

 

Currently drafting a letter to them saying I agree about the errors and thanks but no thanks to 50%.

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Janeyh

Janeyh

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Hello Karny,

 

I agree, still drafting my letter and I've put a few words to that effect. I had put that I will be submitting my AQ by the 5th but I think, as you suggest, I will change that to the 1st.

 

Also, I'm just taking the opportunity to fill in my AQ so that, if need be, I'm good to go:D and wondered what anyone's thoughts were as to the bit I have put in "other information" - "to help the judge to manage or clarify my claim". I've read a few other threads re. the AQ and have plagiarised some other peoples own words. I hope no-one minds :oops:

 

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

Also, I feel that there should be an order for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

Also, do you think it's OK to type this and print it into the space, or should I hand-write it?

Thanks

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Janeyh

Janeyh

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Bump - anyone ?

 

Thanks guys

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Janeyh

Janeyh

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Thanks Karney - not too concerned at the mo. 'cos I've got a couple of weeks yet 'til I have to send it it - maybe someone will have a definite answer, otherwise, I'll leave it blank like you said.

 

Thanks for your help sweetie.

 

Janey

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Michael Browne

Michael Browne

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Posted

"I have previously furnished the Defendants' solicitors with a breakdown of the charges referred to in my claim, along with a copy to the court, showing in itemised detail the particulars of my claim. I will of course produce further copies of this particularisation to the Court at the hearing.

 

At the hearing, I would expect the Defendant to disclose exact details of how they calculate the charges they imposed on my accounts and to prove that these charges were not disproportionate to any loss they actually incurred. The Defendant has a fiduciary duty to disclose the basis of these costs to me as I doubt that they are dealing in good faith as required by our fiduciary relationship.

 

Therefore I respectfully ask the court that an order be made for this disclosure as, in previous cases, the Defendant has commonly asked for set-aside only to settle before actually going to Court and, as such, is merely using the justice system as a means of intimidating its customers."

 

 

Just a suggestion.

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Janeyh

Janeyh

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Just a suggestion.

 

And a good one, thanks Michael, I'll change it.:D

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Janeyh

Janeyh

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Well, unless I have find something came in the post today when I get home, I'm handing in my AQ to the court tomorrow. I've sent DLA an e-mail advising them of this but don't know if they got it - I didn't get a "read" receipt this time. Not that it matters anyway.

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Janeyh

Janeyh

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Just had a thought - the last date for filing the AQ is 5th August which is Saturday. I'm hand-delivering mine today but as I expect Abbey will leave it till the last minute, can they file on a Saturday?

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  • 3 weeks later...
Janeyh

Janeyh

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Got back from holiday on Saturday and after forcing the front door to get past the HUGE mountain of mail (mostly junk) found a letter from the Court, a General Form of Judgment or Order:

 

"It is ordered that the case be listed for an Allocation Hearing before the District Judge on Friday 15th September....... to consider the question of expert evidence (?:confused: ?)"

 

Oh well, I thought, here goes. Then further down the pile of post was a letter from DLA:

 

"Dear Sir (:rolleyes: ),

 

Abbey National has decided in this instance to settle your claim in full ......" Yaaay !!

 

Many thanks to everyone on here who has helped me, especially Karnevil. I hope I can be as much help to everyone else who is still going through the process.

 

Janey

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Jane Austen

Jane Austen

Posted
Posted

CONGRATULATIONS

 

I hope I'm not too far behind you now.:lol:

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Tina&Gaz

Tina&Gaz

Posted
Posted

GRATZ!!! :D

 

everyone seems to be getting thier money back except me! and I've done it exactly like you too! boohoo why me!!

Data Protection Act letter sent 10/04/2006,

priliminary letter sent 23/05/06,

LBA sent 7/06/06

claim issued 23/06/06

deemed to be served 25/06/06

Abbey Acknowledged with intent to defend, they have got until: 23/07/06

50% offered + interest, rejected: 21/07/06

AQ recieved 27/07/06,

AQ posted back 09/08/06

Court date 13/12/06

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lknox

lknox

Posted
Posted

Go Janey!!

 

Hugs - well done and very best wishes x

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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lostinparadise

lostinparadise

Posted
Posted

Congrats JaneyH!!!!

They may not be giving me my money (Yet)...but as ever, i have a great sense of satisfaction when others get theirs...especially when you've waited so long.

Well done.......

LIP:D :lol::D:lol:

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Odd Fellow

Odd Fellow

Posted
Posted

Well done. Same old formula wins time and time again. The only variable seems to be the time taken?

 

Presumably, they are looking to settle without admission of liability?

 

Odd

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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lisaking

lisaking

Posted
Posted

well done i did my 1st LBA and im scaed to file a claim incase i put the wrong thing arghhh

Abbey National:

Sent LBA on 1/08/06 had reply fob off

813.00 refunded on 1/09/06 without my permission to an overdrawn account urghhh!!

Not yet filled money claim im skint

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Janeyh

Janeyh

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Presumably, they are looking to settle without admission of liability?

 

Odd

 

Of course. But we know better don't we :rolleyes:

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Janeyh

Janeyh

Posted
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Posted
well done i did my 1st LBA and im scaed to file a claim incase i put the wrong thing arghhh

 

We've all reached that point Lisa, I felt physically sick when I realised I was going to have to file a claim with the court. But I did it and so can you. The support on this site has been incredible and I couldn't have done it without the tremendous help from everyone. Don't be scared - go for it.:)

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

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