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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.

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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.

First direct V Concerned

bev1956

By bev1956
in First Direct

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because no one has posted on it for the last 6473 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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bev1956

bev1956

Posted
Posted

Hi

 

I have just found this website and think it is amazing.

I am just a bit concerned if I start the ball rolling it will effect my credit rating.

 

Has anyone got any views on this

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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Mindbomb

Mindbomb

Posted
Posted

Hi Bev,

I don't think it will - you are simply reclaiming money taken from you unlawfully. They might close your account so set up a parachute. Closing accounts does not affect credit rating (I read here but do check).

Good luck and keep us posted.

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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bev1956

bev1956

Posted
  • Author
Posted

Hi

thanks for the quick response.

 

It is such a big step to take but on the other hand I could be entitled to several hunded pounds and it is better in my pocket than in FD .

 

Will keep you posted.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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Mindbomb

Mindbomb

Posted
Posted
Hi

It is such a big step to take but on the other hand I could be entitled to several hunded pounds and it is better in my pocket than in FD .

 

Absolutely.

Read Monkey's thread which is very well documented about what to expect and your response to it. There are others in the FD forum similarly documented. It is worrying when you receive bully-boy letters from banks or their solicitors but reading how others have responded and what then happened helps loads.

You'll be just fine.

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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bev1956

bev1956

Posted
  • Author
Posted

Hi

 

a new day.

I have just printed off thefirst letter that needs to be sent to FD.It seems so heavy handed but I think I will give it a go.I just don't want to get into something that I will regret

 

Do I send the letter by recorded delivery.

 

I think I just need a bit of encouragement

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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Mindbomb

Mindbomb

Posted
Posted
Hi

 

a new day.

I have just printed off thefirst letter that needs to be sent to FD.It seems so heavy handed but I think I will give it a go.I just don't want to get into something that I will regret

 

Do I send the letter by recorded delivery.

 

I think I just need a bit of encouragement

 

You do not need to send the letter recorded although I did - it is deemed delivered 2 days after posting. So it's up to you. Costs a quid for recorded.

For encouragement read my thread, Monkey's thread, all FD threads.

You think your letter's heavy handed??

They've had their hand in your cash - That's heavy handed. :)

Go get 'em. :-D

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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monkey_uk

monkey_uk

Posted
Posted

I would now recommend that letters are sent as a minimum by Recorded Delivery. I'll be using Special Delivery when eventually get around to claiming back my unlawful bank charges from Halifax.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bev1956

bev1956

Posted
  • Author
Posted

Hi

Thanks for everyone comments.

 

I have checked my statements going back 2 yrs on line.I reckon I am owed nearly £1000 for the 2 yr period.

 

I really must put the letter in the post but I am so nervous about the repercussions.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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monkey_uk

monkey_uk

Posted
Posted
Hi

Thanks for everyone comments.

 

I have checked my statements going back 2 yrs on line.I reckon I am owed nearly £1000 for the 2 yr period.

 

I really must put the letter in the post but I am so nervous about the repercussions.

 

How long have you had the account? As you've read the FAQs(!) you will be aware that you can claim back as far as 6 years....

 

Also, as for repercussions, I believe the FAQs also mention setting up a parachute account, in case they do close your existing account.

 

Believe it, the risks are real. You are taking on probably the biggest financial organisation in the WORLD, who have virtually unlimited funds to pump into a legal defence. But, with plenty of reading and research, you can pull this off. Do not underestimate the task at hand.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bev1956

bev1956

Posted
  • Author
Posted

Hi

 

thanks for the reponse.I will be sending the letter at the weekend.

 

Once I get the response from them I will probably be asking for a lot of help from the other members of the forum.

 

Once I have sent this letter ,I will then take a look at my credit cards etc.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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bev1956

bev1956

Posted
  • Author
Posted

Hi already to send the first letter.

 

Who do I address it to at FD

 

 

Is it ok to send the template as it is - of course adding my account details etc.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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monkey_uk

monkey_uk

Posted
Posted

Bev, read the FAQs, read my thread, and also the rest of the forum.

 

After you ave done the above you will know what you need to do.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bev1956

bev1956

Posted
  • Author
Posted

Hi

just a quick note to let you know I have sent the letter asking for my bank statements for the last 6 yrs.

 

I am already adding up the pounds that I will be hopefully given back.You never know it might be enough to clear one of my loans.

 

I had an interesting letter from baclaycard this morning saying they are reducing their late payment charges etc to £12. Maybe they are starting to realise they are in the wrong.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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monkey_uk

monkey_uk

Posted
Posted

So far so good Bev, keep us posted!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bev1956

bev1956

Posted
  • Author
Posted

Hi

just thought I would give you an update.

Received a letter from First Direct this morning saying they would be sendding all the statements via courier within the next few days.They have returned my cheque as there is no cost for asking for the back statements.

 

I can't wait to add up how much they owe me.

 

Will keep you updated

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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DazNorthants

DazNorthants

Posted
Posted

I had that letter 2 weeks ago still not arrived so don't hold your breath :mad: but you might have pleasant surprise :D

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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fieldsy

fieldsy

Posted
Posted

can I just say, you dont need to send anything by post, you can send it electronically by logging into your account. Secondly, they dont require the £10 for your statements, everyone I've seen post about it say they have had their cheque returned. First Direct paid in full this week on my first letter. Good luck.

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monkey_uk

monkey_uk

Posted
Posted
can I just say, you dont need to send anything by post, you can send it electronically by logging into your account. Secondly, they dont require the £10 for your statements, everyone I've seen post about it say they have had their cheque returned. First Direct paid in full this week on my first letter. Good luck.

 

Thanks for your post fieldsy, however, I feel that I need to point out a fw things:

 

You are quite correct that FD [generally] waive the £10.00 fee, however, it is still STRONGLY advised that you offer the payment.

 

You CAN send them messages electronically, however, their "messaging system" via the online banking is (in my opinion) very poor and as such, no record of sent messages is kept. There would be nothing stopping them from taking 90 days to fulfil a DPA request, as you wouldn't have any proof of when they received the request. However, if you sent the request in writing, by Recorded or Special Delivery, then you'd have the proof of when they received the request.

 

 

Finally, congratulations on your win, could you please fill in the survey, which can be found here -> http://www.consumeractiongroup.co.uk/survey.php

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bev1956

bev1956

Posted
  • Author
Posted

Hi

just to let you know I have received my statements today.I have added up FD owe me £3238 over 2 accounts going back 6 years.

 

I have just copied and pasted the letter from the library asking for a refund of my charges.Does anyone know who I address the letter to at FD plus when I attach the list of charges do I show the interest that I am owed if I have to go to the small claims court.

 

I hope to send the letter tomorrow recorded delivery

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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bev1956

bev1956

Posted
  • Author
Posted

Hi

Just to let you know the letter is went recorded delivery this morning.I am hoping the claim will be plain sailing.You never know they might decide to give me the refund at the first attempt.

 

I am now thinking about about the excess charges I have received on my credit cards.Can the card companies demand the outstanding balances if I decide to reclaim the excessive charges.

 

thanks for your all help and support.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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bev1956

bev1956

Posted
  • Author
Posted

Hi

just to let you know the clain went recorded delivery on Friday.Will keep you updated on the progress.Hopefully it will be painless and quick.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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bev1956

bev1956

Posted
  • Author
Posted

Hi

 

I am wondering if I am doing anything wrong with my thread as I don't appear to get any replies to the questions I am asking .

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

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barracad

barracad

Posted
Posted
Hi

 

I am wondering if I am doing anything wrong with my thread as I don't appear to get any replies to the questions I am asking .

 

What is your question?

 

Hi

just to let you know the clain went recorded delivery on Friday.Will keep you updated on the progress.Hopefully it will be painless and quick.

 

That doesn't seem like a question to me.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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bevt

bevt

Posted
Posted

Hi

 

I asked a question aquestion a couple of days ago.

Basically I am now thinking about taking on the credit companies and I was just wondering if they will close the account and ask for the outstanding balance to be cleared.

June 26th 2006 Data Protection Act letter sent to FD

June 29th 2006 reply from FD.Statements are on there way.Returned chq

July 7th 2006 requested refund of £3500 from FD

July 11th 2006 data protection letter sent fo MBNA

July 11th 2006 data protection letter sent to Barclaycard

July 12th 2006 reply from FD saying they disagree with my claim

July21st 2006 LBA sent to Mr Kernigan

Aug3rd 2006 Money claim filed

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susie-que

susie-que

Posted
Posted

Suggest you may find more info on that in the "Other Institutions" section of this forum- or you could ask this question there as this section is probably only read by people taking on HSBC/First Direct

:) Susie-que :)

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