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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.

***If you have a mortgage then this is for you***

mrsfoot

By mrsfoot
in Mortgages and Secured Loans

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jake44

jake44

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Thankfully we ' hopefully ' remortgage within the next few months. I have made an appointment to see a broker. We are currently with redstone on 8.79% . we were paying 9.73 at one time on an interest only. I am not sure what deals the broker will come up with or who it will be with . When our fixed rate finished that wasn't the end of the interest rate rises !! I will be very wary when changing this time.

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jake44

jake44

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Hi TaffR

 

Thanks for your comments they are very helpful. After receiving yesterdays letter from Redstone , I telephoned them to ask about them the company as a mortgage lender. The guy i spoke to point blank denied that they were not a mortgage company. I asked if they were called HML. His reply was who ?? I mentioned that they were an (SPV) and again he said definately not............... I then asked if we coulf capatalise any arrears that they had on the account..... he waffled and said this could not be done..... and as you had stated he said if I paid by the 15th of the month we would be fine. I explained that any money ie charges for arrears and their ' debt advisor ' would be claimed back. There are now over £500 in charges. My main concern at the moment is obtaining a new loan in the next few months. If High Street lenders are not going to help the 'near prime ' market who are we supposed to turn to ??? scary thought !!

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jake44

jake44

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We either move to them or have to stay on a rate with redstone at 8.45% which is interest only. This deal lets us pay the mortgage off and after the two years search the market again for a better deal......... The market really is sparce re getting a good deal especially wihout a squeeky clean record. At least we will be back to an affordable mortgage payment and our debt has been greatly reduced thanks to all the advice from this sitere getting unfair charges back . ( waiting on a biggy from the banks Hopefully ) Then I can clear the remainder of debt that we have........

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jake44

jake44

Posted
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Hi Midge61

 

The same thing happened to us with amber/redstone. Our deal was for three years. 36 months at a fixed rate . Then the remainder at the SVR.

If we repaid within the three years we had a £6000 penalty !

 

We have now arranged a new mortgage deal and are paying 6.3% over two years with NO tie in........... !!! ( which is good as credit rating is not fab ) It is still interest only but with a massive monthly saving as we are on 8.45% just now.......

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jake44

jake44

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We went through a broker. The deal is with beacon mortgages. There are no scary tie ins etc. After our two year discounted rate then we are free to remortage again ( hopefully with a high street lender) We will still be interest only but we are going to pay a little extra to keep the interest down................. When are you due to remortgage ....... Is your credit score bad ?................. :(

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jake44

jake44

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Hey I wouldn't worry ........... We have about 5 defaults on total. Four are from 2003. We also have a ccj registered against us and we STILL got a new deal........... so there is help out there...... :p

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