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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.

American Express

troatunit

By troatunit
in Other Institutions

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troatunit

troatunit

Posted
Posted

I read this site yesterday and I should have paid my American Express bill because I got charged a £20 late fee in addition to £1.11 in interest because it was more than a day late (2 days late I think)

 

I am going to claim this money back becuase I think this is an excessive charge. Can I claim this money back firstly and what form should I send in and to where?

 

thanks in advance

 

 

786GJKEE4
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BankFodder

BankFodder

Posted
Posted

READ THE FAQs :x

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troatunit

troatunit

Posted
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surely me quoting the number the FAQ asked me to quote would suggest that I have read the FAQ...

 

I have filled in the form for Credit Cards that is in the Library (thanks for that) however I still do not know what address to send it to (which is the actual real question I wanted answering I just wanted clarification on the other points)

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BankFodder

BankFodder

Posted
Posted

UNDERSTAND THE FAQS :)

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troatunit

troatunit

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UNDERSTAND THE FAQS :)

 

Now that is a fairer reply!

 

I just got a bill through (usually use online banking with an online bill) and this hopefully has the correct address to send the letter to!

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Ignition

Ignition

Posted
Posted
UNDERSTAND THE FAQS :)

 

Now that is a fairer reply!

 

I just got a bill through (usually use online banking with an online bill) and this hopefully has the correct address to send the letter to!

 

Could you offer this address please, I have written to these guys with as yet no reply. This was to London...

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  • 11 months later...
papadak

papadak

Posted
Posted

Hi MSE's, I went after Amex for £700 worth of charges levied for a 2 cards. It took 6 weeks to turnaround. Yesterday I received a letter with a cheque for £250 offering full and final settlement. Their letter states the cheque represents the difference between what they have charged me vs the OFT charges guide ... i.e. £8 & £10 (Charge card & Credit Card). I really would like to go for the FULL amount and not an offer of a third of what i know i'm due back.

 

What is the best thing to do from here please?question.gif

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bibbaliz

bibbaliz

Posted
Posted

Hi papadak. I am having the same problems with amex. I have been asking on this site what I should do and the general reply is that I should pursue the full amount.What annoyed me with amex is that in their letter to me they informed me that their charges had now been set at £8 which was the amount they felt they needed to charge. They did not even attempt to return any interest which I have paid on the excess amounts which I have paid them. Surely if they are saying that they need to charge £8 then they knew they were making excessive profit and also profit on the interest. I have decided that I am informing them that I am accepting this a partial payment and that I am pursuing the remainder plus full interest. If the charge is illegal then so is the interest.

Hope this helps and hope it works:|

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papadak

papadak

Posted
Posted

Hi bibbaliz.. This is a reply i had on another link question ... i think i'll go with this advice ... what do you think?

 

 

"I would write back to them stating that you accept the payment as partial settlement only and you'll be pursuing your claim in full through the courts if necessary. Alternatively others suggest you send back the cheque and write a letter saying you'll only accept full and final settlement etc. There are some templates here (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html).

 

The legal position with part-payments is that if you keep the cheque you must tell the defendant that it's only accepted as a part-payment and you must do that quickly (within a few days) otherwise if you bank the cheque you can be deemed as having accepted in full."

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  • 1 month later...
smartellie

smartellie

Posted
Posted

hi,

 

i have currently commence court action with FD for over £9K, defence has been filed and i am waiting for the allocation questionnaire.However, we had a number of difficulites with other cards AMEX being one, they closed all the accounts we had with them and past the file to a company called RMA resolve and put on several hundred pounds !!!! of charges. We requested a breakdown of the charges from both companies and got fobbed off; having read your site i was not sure of the position re the charges from AMEX but will now give this one a go. Has anyone been in this position with AMEX and are these charges legal??

 

any assistance greatly appreciated

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  • 11 years later...
troatunit

troatunit

Posted
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Posted

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Thread Locked

because no one has posted on it for the last 6259 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

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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