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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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      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.

Amanda Taylor v Halifax CC ***SETTLED IN FULL***

Amanda Taylor
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Amanda Taylor

Amanda Taylor

Posted
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Posted

Thanks-done my donation - cant wait to get on with the rest of my claims, all my friends at work were cheering,had to by cream cakes to celebrate. this has also inspired lots of them to claim theirs back. i also had a chat with our new manager who left banking because of the way the banks operated, she said she was loosing sleep & congratulated me on my windfall.:lol:

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mechs

mechs

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Congratulations and well done and thanks for the donation, have you filled in the survey and contacted a mod so they can update the database?

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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moran73

moran73

Posted
Posted

I am new to this forum and have been posting questions on Moneysaving expert - i am confused about something and the replies i have had on there have been contradictory but have not cleared it up.

 

I had a Halifax One Card - it is now cancelled and i am dealing with Payplan for all of my debts. After my initial letters they agreed to a refund of half the charges in the form of a cheque or debit to my bank account. I sent a copy of the Court form and gave a new deadline and the day after this expired the sent the offer of a full refund of £375 but onto the card i no longer have access to.

 

I completed their form and sent a letter stating that i accepted on the condition that they send a cheque or sent it to my bank account. I heard nothing for 2 weeks so i sent another letter stating that i would take legal action if they do not reply.

 

I received a reply today saying that they will only refund to the CC as this is where the charge originated.

 

Can they do this? If the money is legally mine due to the charge being unlawful arent i entitled to it in whatever form i wish?

 

I don't know what to do next and am considering giving up on all of the other accounts i was going to claim from as well.

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mechs

mechs

Posted
Posted

can you please start your own thread where you will be answered

thanks

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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alexliverpool

alexliverpool

Posted
Posted

I would not worry about it too much as i doubt they would turn up. I would give them a call and speak to the halifax to see if they have settled the claim or whether they intend to still defend. I suspect that it is just an oversight on their behalf. Keep us posted.

 

P.S congratulations too

alexthekid

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david Reed

david Reed

Posted
Posted

lol probably a delayed reaction, you took them to court, they paid now you cancewl claim!! nothing to worry about, if anything they are more worried they may have missed paying you something and its still going to court???!?!

 

Congrats and enjoy spending your cash :-)

:eek:

05-01-06 prelim sent

14-06-06 LBA 1 Sent (claim for 1 yr)

21-06-06 Offer recieved for £312

31-07-06 recieved 6yrs statements

31-07-06 LBA 2 sent (Request £1,611)

14-8-06 Money Claim submitted
:D

15-8-06 Issued

23-8-06 Aknowledged

24-8-06 Offer for £650

30th - 8 - 06 PAID IN FULL!!!!!!!!
:D

Shaz n dave vs Barclays :smile:

26-7-06 Prelim letter sent (Request £1,585)

2-8-06 Confirmation that pre lim recieved, been passed to relavent dept!!!?

10-8-06 LBA sent (request as above)

18-8-06 £720 offered - (accepted as a partial settlement to full claim)

4-9-06 MCOL - LETS GO!!

My Little Bruv vs Lloyds:-x

9-8-06 Pre-lim sent (Request £295)

16-8-06 received letter (sorry... will be passed to ..... blah blah)

23-8-06 LBA sent

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  • 2 weeks later...
Amanda Taylor

Amanda Taylor

Posted
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:lol: Had my reply from the HX to my prelim for c- card charges saying as from the 1st of aug they have reduced their fees to £12. Any fees before that were charged in line with the terms & agreement of my account.What a laugh:lol:.

has anyone else had this response.Ill send off my nxt letter tomorrow.

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  • 3 weeks later...
  • 3 weeks later...
Amanda Taylor

Amanda Taylor

Posted
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Posted

no reply from Hx one card to n1 which was filled on 27th sept so i'll be back to the courts tomorrow to request for judgment.although i've got to know 1 chap on the counter quite well who told me they they are running behind schedule with all the claims that are coming in.

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Amanda Taylor

Amanda Taylor

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Had a letter last week from HBOS regarding Halifax visa as a judgment was entered against the halifax.letter stated that full refund would be made of £975 plus £100.05 in interest,also asking me to satisfy judgment.Got my statement this morning showing the £975 refund but not the interest. I called the hx & was put though to their collections department. A very patronising young man at the other end of the line trying to give me a lecture about my account being in arrears. I only wanted to know if the £100.05 had been refunded.I explained to this boy that i was propbably old enough to be his mother & did not apprieciate being lectured about the state of my account & that if the halifax had not been applying £50 per month to my account even when paying the agreed installment that my account would not be in the state it is. So i will not satisfy the judgment until full refund is made.In return they are going to default my account.:-x :-x :-x :-x :-x how petty.

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