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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.

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      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.

Phil Williams v Yorkshire Bank

pjwill1
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pjwill1

pjwill1

Posted
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Posted

Hi,

 

I need some advice again.. I got a letter from the YB saying they were applying to a stay put on my case, however, I have not heard anything from the courts. Does this mean my case is still on? I believe I should only take direction from the court

 

Cheers

 

Phil

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hedgey06

hedgey06

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Correct! The case is still on until you hear officially from the court otherwise. And you only take action against the stay once you've been notified by the courts that a stay has been granted on your claim.

 

It could be worth phoning the court on Monday morning to see if a stay has been granted though as many courts are behind with the paperwork at the moment Phil.

 

Good luck - I hope your court's proceeding with your claim :)

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Jennifrance1

Jennifrance1

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Posted

A lot of us here on CAG who are after the Yobbo Bank have already received stays from the courts that arrived in same post as letter from YB telling us they were going to apply for a stay. It took YB letter over 10 days to get to us and only one day for the courts letter!

 

Advice seems to be mixed between applying to have the stay removed or just accepting it for now.

 

If you apply to have it removed, you have to be able to prove that you would suffer hardship if the case is not allowed to proceed - there is a link to having the stay removed which also lets the court know that you would be in a difficult position financially if the case is stayed. Would post link but can't find it at moment. If you have a trawl through some of the recent threads, you will probaably find it and if I find it in the mean time, will post it for you.

 

Keep the faith - we will win

 

Jenni

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pjwill1

pjwill1

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Hi,

 

I have read on this site that a court bundle should be recieved by the courts and the bank at least 2 weeks before the court date. I can confirm that my bundle was recieved within the time allowed, however, I have not had any court bundle from YB. Do I assume that the defence they filed several months ago is the only document that they should send to me? There is no less than 2 weeks to go until my case is heard

 

Regards

 

Phil

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  • 2 weeks later...
hedgey06

hedgey06

Posted
Posted

Hi Phil,

 

Have a look through these threads:

 

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

 

Court Guidance Notes

http://www.consumeractiongroup.c o....uidance-notes/

 

The second one in particular will give you an idea of how to conduct yourself tomorrow.

 

Don't forget to take 3 of the templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 completed with your own details to the hearing (try to ensure that you personalise the template as much as possible) just in case the bank try to apply for a stay at the hearing.

 

And above all, very best of luck Phil. x :)

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caro

caro

Posted
Posted

Any news?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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pjwill1

pjwill1

Posted
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Morning all,

 

Apologies for not responding yesterday, I had a car accident on the way home!!

 

Yesterday the judge had stated that he had orders from the high court in Leeds that all cases should be stayed. He said that he didnt agree with this and was willing to listen to anyone who thought their claim would not be covered by the OFT test case. As I was unsure what the test case will actually deliver I said that I would accept the stay at this moment in time.

I will need to do some more research around the test case before asking for the stay to be lifted.

 

Needless to say it was a very poor day and I had to wait for 4 hours before being told this!!

 

Any advise anyone?

 

Cheers

 

Phil

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caro

caro

Posted
Posted

Was it the high court or the Mercantile Court in Leeds - and did he say the word order?

 

BTW. Sorry about the accident. Hope no-one was hurt.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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pjwill1

pjwill1

Posted
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He did use the word order.. there for 50 or so of us in there yesterday and I dont think anyone left happy.

He did say that the latest information is that the test case will be in early January (not sure if that had been communicated or not)

 

No one was hurt in the accident, thankfully :-)

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caro

caro

Posted
Posted

Ah well, I guess we shouldn't be too surprised, but I'll be surprised if the case is settled in January, and if there are appeals etc, it could be longer. At least you haven't lost.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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