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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.

Jen Vs HBOS

GlasweJen
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GlasweJen

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I have 3 accounts with HBOS and sent a S.A.R - (Subject Access Request) more than 40 days ago asking for everything they have on the accounts, i posted it to head office in Edinburgh with my £10 cheque and got a letter a week later saying that they had a queue but my stuff would be sent within the 40 days required by the law but it hasn't come. The lady on telebanking said that the cheque hasn't been processed so it may take even longer for my stuff to be sent but there's money in the account to make sure it doesn't bounce. Who can I complain to about this? The only phone number i have is telebanking and they're useless. The branch say it's a head office issue.

 

I should mention that I'm claiming through the scottish system

  • Haha 1

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Thank you Tilly, i read over that template and the idea of threatening the bank with court action before I've even added up how much they owe me is scary, I realised when I went down this route that it could all go to court but I'm worried about being so aggressive early on, has anyone else went down this route? What was the response of the bank?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Just out of curiosity, what's the probability of the bank closing my account for me doing this? I'm a bit wary as I have a student account and I'm well and truly in my overdraft but i've not actually had a charge since last November so they can't exactly say I've been abusing it lately?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Thanks everyone, I've got my information commisioners form all filled out and am just printing a copy of my SAR to attach to it. If this doesn't work i'll go down the court order route.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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I filled out the form for the information commisioner and it's going to be posted tomorrow morning when i'm out, but i was wondering how long does this usually take to work i.e can I expect the halipratts to cough up my statements any time this month?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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right non compliance to SAR being sent today, that should get things going, I have no patience for the bank, they didn't give me 40 days notice and i've never known them to dither when they're taking £39 for going 1p in the red

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Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Lol I used to get called Titch when I was little.

 

Yes I'm getting angry at the bank, if things keep up at this pace I'll be burning effigies of harold and the chorus in my front garden (I live across the street from the local BOS).

 

Must ask is there a guide on how to file with the court for failure to disclose information, they have 7 days and counting.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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harold, howard, same difference, we've never formally met he just really likes my money. I have to stare at that face every morning on my jaunt to the post office for my paper (and more recently to post complaints here, there and everywhere).

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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I don't even have a list :( they just keep telling me to talk to head office whenever i call to complain. I think i'm going to waltz up to their head office on the mound one day and stage a one woman protest.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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28 days is ages stupid haliprat time wasters :mad:. I would just write to them claiming a rough guestimate until i know an exact amount but I've not had a bank charge in almost a year so i've no idea of even a ballpark figure.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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i went through the last 2 years statements on my online account and it looks like they owe me about £200 from those 2 years, i want to get them sorted over my first ever bank charge (when i was a victim of fraud!), with interest it's about £250 but there are a few statements missing from online, a teeny amount compared to some but my accounts are relatively new (opened 2004) and £250 is a lot of money to a poor student like me. Gave myself heart failure when i didn't add the date to the top of the column and the interest came out at over a grand lol, needless to say i knew that was wrong, i was always hopeless at maths!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Got two pieces of A4 paper in the post today with my bank charges on them, they say they will send details of my third account when they're available but it will be hard as there are no charges on that account.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Guess what I got in the post today, my statements for the 2 accounts with a letter saying that the stuff from the third account is on its way, not bad considering i never asked for any of that account info as i know it's never had a charge.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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Yes I was quite pleased to see in the paper yesterday that the courts were allowing some scottish claims despite the big freeze down south :) sending off a letter when i get time

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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  • 1 month later...
GlasweJen

GlasweJen

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No way, I just got hit with a bank charge but there's money in the account!

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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GlasweJen

GlasweJen

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I did, they spouted some mumbo jumbo about direct debits coming out soon and there'll be a charge next week anyway but there wont because I also have stuff going into the account. I told the brick wall on the phone that I'll just add it plus interest to the spreadsheet for the courts.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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