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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.

Mrs Bwdski v Lloyds TSB

bwdski

By bwdski
in Lloyds Bank

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remus

remus

Posted
Posted

bwdski, if you paid £10 for copy statements, this is what they should of sent you.

They may be trying to make life easier for themselves, but that is not your problem.

As Barty has said if you have internet banking, you can get your statements going back the six years.

If you don't have IB, go into your branch and sign up for it, it will be quicker than waiting a further 40 days:eek: .

As you have used their charges list IF they offer you payment, you can accept this with the understanding that you will put in another claim for any outstanding charges, so you are covered (do not worry):)

Use their envelope, and pay the difference for recorded delivery.

Hilighting does not matter, just a bit unsure about "We've gone over a lot of the charges (claimed & unclaimed)" what charges have you hilighted and unclaimed?

Yes ask for the terms and conditions, if this gets to court, it is now playing a part in your claim.

As you are at the start of your other halfs claim, it is early days, so keep asking the questions, and I'm sure we will get there.

Hope I have been of help:)

Happy claiming:D

read read and read some:p more

  • Haha 1

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

Hi bwdski, I might be wrong, but to my mind a complete list of transactions and charges = statement, just in a different form.

As you are in the early stages, I would go for IB, so you can print off your statements with charges on (that's all you will need) for court, so the Judge does not get confused by seeing something different:confused: and to put your mind at rest:)

Again that's if you get to that point.

 

 

"if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them" (bit before the £10).

Basically saying if you have to make a claim you will claim all charges and fee's that you incur.

So Bank get your Act together and give me my money back;)

It is overwhelming, but with the reading, pennies start dropping:cool:

Good luck:D

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

thanks mattyb13, see you learn something new all the time:p

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

bwdski, "I'm just thinking, I've sent the Request for Repayment letter last Friday.

If I send a reply to the letter they sent, would that nullify my request for repayment deadline of 14 days?

It should make no difference, as all you are requesting is confirmation in the statements.

I'm not sure on the 40 days still being in force or if their reply is stating, as they have to archive the info, this in itself could allow them 40 days again.

The one thing I have learned from this site is that you cannot hurry things along, as you have to be seen by the Judge, as giving LTSB the correct time frame to try and resolve your claim.

I started back in march, court date 25th July, and my bundle will include every letter and time scale complete.

Defo ask for the T/C's and statements.

Hope the Mrs is enjoying her hol in Spain:)

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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  • 2 weeks later...
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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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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Share on other sites
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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Share on other sites
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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  • 4 weeks later...
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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remus

remus

Posted
Posted

bwdski, I would carry on with your claim, and complaint, as you have stated in your lba.

Bet the banks would love it if everyone just stopped their claims.

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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