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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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      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.

PPI and mis-sold

lizzy40
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lizzy40

lizzy40

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Hi everyone new information

 

Quick up date: got my PPI refunded in November 2007 but they refused to add the contractual interest. I contacted the FOS who I have now heard from and Barclays have agreed to pay this but I'm not sure if the figure is correct. Could someone advise please.

 

The total PPI was £1614.60 taken out july 2003 I have worked the contractual interest out @ 8% to be £559.68 and they have offered £166.21 however they have stated this is based on the reducing balance as the loan was repaid. My loan was for five years so the refund paid my loan off 8 months earlier. It all sounds confusing....

 

Hope someone is good at maths!!!

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hellhasnofury

hellhasnofury

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Posted
Hi everyone new information

 

Quick up date: got my PPI refunded in November 2007 but they refused to add the contractual interest. I contacted the FOS who I have now heard from and Barclays have agreed to pay this but I'm not sure if the figure is correct. Could someone advise please.

 

The total PPI was £1614.60 taken out july 2003 I have worked the contractual interest out @ 8% to be £559.68 and they have offered £166.21 however they have stated this is based on the reducing balance as the loan was repaid. My loan was for five years so the refund paid my loan off 8 months earlier. It all sounds confusing....

 

Hope someone is good at maths!!!

 

Hello Lizzy,

 

Your figures are correct £1,614.60 taken in july 2003 at 8% is £593.47 to today. This is a simple calculation using the ppi as a front loaded payment. I again would write to them and state these figures and maybe ask them for a breakdown of their calculations. Obviously they have calculated their figures on a monthly basis as you paid the ppi, The first payment would attract the higher interest and the last would not. Do you know what the monthly payment for the ppi was and then we might be able to throw some figures back at them, or not as the case may be.:-D

 

They are just trying not to pay you out the highest figure.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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lizzy40

lizzy40

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Thanks for getting back to me.

 

My monthly PPI figure was £26.91 not sure how this is calculated as the policy was paid up earlier. I don't know where Barclays got £166.21 from? If I can give them the exact figure or near too, it must be more then what they have come up with...

 

Thank you.

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lizzy40

lizzy40

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Also how can I check the amount already refunded is correct?

 

The amount on my credit agreement, which was taken out on 31/7/03

 

Amount of loan £1,153.94 interest £460.66 total to repay £1,614.60 monthy payments £26.91. This was taken out for 60 months.

 

Refund was given in November 2007 which paid total loan off which came to £1,333.53 My interest rate was 14.900%.

 

Any idea if the figure is correct?

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lizzy40

lizzy40

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Not sure how Barclays do their calculations when you pay a loan up early but I have paid £7,704.84 over a period of 52 weeks for a loan of £8,890.20 thats including the PPI loan was due to finish July 2008 but it was paid up November 2007 does anyone know how to work this figure out?

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hellhasnofury

hellhasnofury

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Also how can I check the amount already refunded is correct?

 

The amount on my credit agreement, which was taken out on 31/7/03

 

Amount of loan £1,153.94 interest £460.66 total to repay £1,614.60 monthy payments £26.91. This was taken out for 60 months.

 

Refund was given in November 2007 which paid total loan off which came to £1,333.53 My interest rate was 14.900%.

 

Any idea if the figure is correct?

 

Hello Lizzy,

 

You can work out the interest on a monthly basis using these spreadsheets.

 

If you need help just shout

England - Advanced - Excel

England - Advanced - Works

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 months later...
lizzy40

lizzy40

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Finally got the cheque for the interest that Barclays had failed to pay me,

However had to get the FOS involved as Barclays was not going to pay it.

 

So for everyone who is pursuing their PPI don't let the banks short change you its their fault for miss selling the policy in the first place....

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