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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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      I live in a student house, with 5 tenants, unihomes is our utilities provider, who we each have a direct debit set up with and have paid each bill every month. Two letters were sent in my name by BWLegal saying I had two outstanding payments due adding up to over £3500, I have tried to contact british gas (as that is apparently our houses provider) as well as Unihomes. Nothing has helped and BWlegal are pursuing legal action if these debts are not resolved by the 1st May. What do I do? I've called Bwlegal when i bring up that the debt isnt for me and for unihomes they hang up on me. so I am stressed and do not know what to do
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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.

      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.

Mrs Bwdski v Lloyds TSB

bwdski

By bwdski
in Lloyds Bank

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remus

remus

Posted
Posted

bwdski, its a standard letter in response to any letter you send, they haven't got time to answer them individually, so one letter covers all possibilities. ok

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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bwdski

bwdski

Posted
  • Author
Posted
Hi

Sorry I couldn't get the letter up, must be my old computer:confused:

Barty:)

 

Hi Barty,

 

Posted the pages on photobucket

 

Page 1

http://i146.photobucket.com/albums/r241/bwdski/Lloyds-B1_38_Page_1.jpg

 

Page 2

http://i146.photobucket.com/albums/r241/bwdski/Lloyds-B1_38_Page_2.jpg

 

is that any help to you?

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bwdski

bwdski

Posted
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Posted
bwdski, its a standard letter in response to any letter you send, they haven't got time to answer them individually, so one letter covers all possibilities. ok

 

I'm confused?

So are we to send the "Letter Before Action" now? Do we wait until their 14 days are up?

 

What about the letter I sent taking them up on their offer of supplying the actual statements to us?

 

They sent us a schedule of charges... as per the template letter on this site... but I've also read that you need the statements for your court bundle?

 

They were saying that they were allowed 40 days....

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remus

remus

Posted
Posted

carry on with the claim :)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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remus

remus

Posted
Posted

opps we are crossing over, yep lba, I believe someone said the list of charges was OK. Go get internet banking:)

maybe some one will send the statements anyway, but you have to give them time.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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remus

remus

Posted
Posted
So the letter is in response to the "request for repayment" letter we sent and not the letter we sent on the 21st taking up their offer of supplying us with statements in which I also aske for the T&C's for 2001

Yep:)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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remus

remus

Posted
Posted

and yes you wait the full 14 days,(you must be seen by the judge to be following the timescales), then send your lba.:)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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bwdski

bwdski

Posted
  • Author
Posted

Received a letter again today, in reply to my request for them to send me the actual statements...

 

it reads:

 

Dear Mrs BWDSKi,

 

Your Account: XXXXXX XXXXXXXX BWDSKi Mrs

 

Here is your copy statements to complete your order, with our compliments.

 

Please be sure to get in touch if there's anything else we can do for you.

 

Yours sincerely

 

 

 

 

 

Manager

 

Enclosed: copy statements to complete your order

 

I thought.. "Great, no hassle in getting them..."

 

How wrong I was...

 

With the letter, there are 9 pages!

For 6 years worth of banking, there are 8 sheets of statements.

 

I will of course, be writing ANOTHER letter to LTSB requesting the COMPLETE statments.

 

Should I include this in my LBA, or send it as a seperate issue?

And, is there a template for it?

 

Thanks guys

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techtalkonline

techtalkonline

Posted
Posted

Hold on there chuck!

 

I received all of my statements in separate envelopes. I think there were about 30 individual envelopes with just several pages per envelope. I am sure they did this deliberately and I reckon the postie wasn't too impressed either! They said something about "due to limitations of their postal services" or summat?

 

Anyway, you will probably get the remainder in a few days i.e. after the weekend maybe? Best of luck to you in you claim.

Lloyds: Started

SAR Sent & Received

Preliminary Sent

Stayed- Awaiting further developments with new test cases!

Mint C/Card: Started

SAR Sent & Received

Preliminary Sent

Stayed - Awaiting further developments with new test cases!

ENDEAVOUR PPI: Started

SAR Sent & Received

Gone pear shaped! See HERE

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bwdski

bwdski

Posted
  • Author
Posted
Hold on there chuck!

 

I received all of my statements in separate envelopes. I think there were about 30 individual envelopes with just several pages per envelope. I am sure they did this deliberately and I reckon the postie wasn't too impressed either! They said something about "due to limitations of their postal services" or summat?

 

Anyway, you will probably get the remainder in a few days i.e. after the weekend maybe? Best of luck to you in you claim.

 

Thanks techtalkonline.

 

I'll hold on for a couple of days

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remus

remus

Posted
Posted

bwdski, you have a list of your charges, you know what you are claiming, I know you have been reading round, so you know it can take months, (or weeks). Your best bet is to get internet banking on the MRS account, that will give you the statements, and so put your mind at rest.

Carry on with your LBA, and get the ball rolling, (it may not even get to the point of you needing your statements for court).

Chill, I'm sure you can do for the MRS what you did for yourself, you wont let her down:) .

I have had no mail for 4 days, (hope to get some good news tomorrow):)

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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bwdski

bwdski

Posted
  • Author
Posted
bwdski, you have a list of your charges, you know what you are claiming, I know you have been reading round, so you know it can take months, (or weeks). Your best bet is to get internet banking on the MRS account, that will give you the statements, and so put your mind at rest.

Carry on with your LBA, and get the ball rolling, (it may not even get to the point of you needing your statements for court).

Chill, I'm sure you can do for the MRS what you did for yourself, you wont let her down:) .

I have had no mail for 4 days, (hope to get some good news tomorrow):)

 

cheers remus. just trying to cover all bases

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bwdski

bwdski

Posted
  • Author
Posted

LBA was sent on the 6th, with the "complaint to OFT" paragraph at the end.

Can somone give more details about this?

From what I've read on here, and my limited understanding, if they don't comply with the LBA and offer me a full settlement, then I complain to the OFT... is that correct?

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  • 3 weeks later...
bwdski

bwdski

Posted
  • Author
Posted

LBA was sent on the 6th of July and Received on the 8th....

Their 14 days was up on Monday (23rd)....

 

What happens now?

We put on the bottom of the LBA the paragraph about making a complaint to the OFT.

 

We are going the Ombudsman route with this one.

 

Look forward to your replies guys

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remus

remus

Posted
Posted

bwdski, have found this OFT test case: What this means for you, might help you.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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