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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.

RBS CCA request refused due to CCJ

DandD

By DandD
in Royal Bank of Scotland

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andrew1

andrew1

Posted
Posted (edited)
No as PT says a s.142 declaration can be applied for at any time to determine the rights of the parties (i.e. enforceable or not). If court declares actual agreement to be unenforceable then all enforcement proceedings halt.

 

Does that mean then, as in a case I have where repossession was being sought on a personal loan which I have challenged as being unenforceable, need not wait for the hearing but with a s.142 application to the court the court will effectively determine if the agreement is enforceable or not rather than have barristers battle it out? I might add my challenge relates to an agreement drawn up as 'Unregulated' which I say should be 'regulated' multiple agreement.

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Josie8

Josie8

Posted
Posted
Does that mean then, as in a case I have where repossession was being sought on a personal loan which I have challenged as being unenforceable, need not wait for the hearing but with a s.142 application to the court the court will effectively determine if the agreement is enforceable or not rather than have barristers battle it out?

 

 

Yes with combined application to stay enforcement until application for declaration under s.142 is determined

  • Haha 1

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Josie8

Josie8

Posted
Posted

Once declaration loan is unenforceable obtained then the creditor can no longer enforce anything

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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andrew1

andrew1

Posted
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Yes with combined application to stay enforcement until application for declaration under s.142 is determined

 

I don't quite understand this fully, but will start my own thread on this and might ask politely if you wouldn't mind talking me through this josie . thanks..;)

 

apologies D &D for hijacking

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Josie8

Josie8

Posted
Posted

no probs let me know your thread -:)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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paulwlton

paulwlton

Posted
Posted
are you able to say that the agreement is defective at all?

 

If so you can bring freestanding proceedings to obtain a declaration pursuant to section 142 CCA which would render the judgment useless in anycase

 

It may be worth considering a part set-aside this would mean that you are attempting to set-aside just the interest and charges as RBS have never had contractual provision to apply it.

 

There was a major development yesterday regarding RBSs dreaded router account...give me a call.

 

Regards

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 3 weeks later...
DandD

DandD

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No doubt you have all heard about the article in the Sunday Times today.

 

We would like to give a huge 'Thank you' to Paul and Sparkie. Also this website.

 

If you haven't got the paper you can still read the articles here:-

 

RBS secretly charged 80% interest on loan - Times Online

 

and here

 

Couple stung by £100,000 ‘secret’ loan - Times Online

 

We were told not to smile by the photographer. I don't always look this grumpy :lol:

 

D

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paulwlton

paulwlton

Posted
Posted
No doubt you have all heard about the article in the Sunday Times today.

 

We would like to give a huge 'Thank you' to Paul and Sparkie. Also this website.

 

If you haven't got the paper you can still read the articles here:-

 

RBS secretly charged 80% interest on loan - Times Online

 

and here

 

Couple stung by £100,000 ‘secret’ loan - Times Online

 

We were told not to smile by the photographer. I don't always look this grumpy :lol:

 

D

 

Nice one...how good does that feel!

 

Myself and Sparkie have been invited down to Westminster for a meeting with our respected MPs prior to their meeting with the New Chief Exec...i can confirm that there is huge media interest in this from both newspaper and TV.

 

Regards

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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DandD

DandD

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We've had an email from our MP who we met a few months ago.

 

He's a really nice guy, but because of some administrative error he didn't follow up on our case.

 

He's now going to contact Paul's and Sparkis's MP's. And write to the RBS (whatever good that will do!)

 

D&D

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andrew1

andrew1

Posted
Posted
We've had an email from our MP who we met a few months ago.

 

He's a really nice guy, but because of some administrative error he didn't follow up on our case.

 

He's now going to contact Paul's and Sparkis's MP's. And write to the RBS (whatever good that will do!)

 

D&D

 

All I can say to you two is ' well done' for running with this...you're a brave couple and this will in turn aide the process of bringing the whole of the finance and credit industry to account ( scuse the pun! :D )

 

A cause often forgotten by the masses during our own individual pursuits.

 

Thank you.

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spiritgirl59

spiritgirl59

Posted
Posted

:) Well done to you all from me too!

 

I wasn't aware of any of this until today.

 

This could open up a huge can of worms - it could just be the tip of the iceberg as far as dodgy financial practices are concerned, and it makes one wonder what other "schemes" are being covered up by the banks and finance houses!!!

 

Again, well done, and thank you.

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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DandD

DandD

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Thanks SG and Andrew for your kind comments.

 

However, it is PW and Sparkie that need the praise. Without their unwavering determination this would never have happened.

 

This is mostly their story.

 

But, I'm pretty sure that the reason that The Times used a photo of Debbie and me is because of our resemblance to Brad and Angelina

 

:lol::lol::lol:

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DandD

DandD

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Mrs D and I have been talking about this today. The journalists at The Sunday Times are extremely thorough and make sure that all of the facts are correct before going to print.

 

As this was Front Page and there was a large article on page 4, we're sure they MUST come back with something.

 

Having lost faith with our solicitors (Stephensons), we must start the fight again on our own (hopefully with this forums help).

 

We were getting somewhere before. With all the letters we were writing to the Bank, but we stopped because of the Solicitors. We even stopped talking to the Press that PW and Sparkie had sent our way. This has all changed now. We want to expose these people for what they are.

 

D & D

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DandD

DandD

Posted
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Posted (edited)
Nice one...how good does that feel!

 

Myself and Sparkie have been invited down to Westminster for a meeting with our respected MPs prior to their meeting with the New Chief Exec...i can confirm that there is huge media interest in this from both newspaper and TV.

 

Regards

 

Thanks for everything.

 

I hope that you and Sparkie know how gratefull we are to you both.

 

My MP has emailed me to tell me that he will be in touch wuith yours tomorrow. Maybe (if it's OK with you and Sparkie) we can be involved in this meeting. I think we may have a bit to offer.

 

Thanks

 

D

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jody123

jody123

Posted
Posted

well done D and D.

 

Now the fight continues. If you need any help locating any precedents or anything for a set aside I'll see what I can do to help.

 

My mate has a "loan B" that for the life of me I cannot get a breakdown of (SAR and CPR 18 routes)...just wondering if this is some kind of router account but from Halifax?

 

Jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Sparkie1723

Sparkie1723

Posted
Posted
Thanks for everything.

 

I hope that you and Sparkie know how gratefull we are to you both.

 

My MP has emailed me to tell me that he will be in touch wuith yours tomorrow. Maybe (if it's OK with you and Sparkie) we can be involved in this meeting. I think we may have a bit to offer.

 

Thanks

 

D

 

I have no problem with that at all getting your MP's involvement was the only way to get you into that meeting.........All I say is the old cliche .......Power to the People!!!:cool::-D

 

sparkie

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andrew1

andrew1

Posted
Posted
I have no problem with that at all getting your MP's involvement was the only way to get you into that meeting.........All I say is the old cliche .......Power to the People!!!:cool::-D

 

sparkie

 

It won't be the first time I've used this word on here either, but it worked for me in business and by gum it works in a forum like this....

 

 

S Y N E R G Y :D

 

 

Don't you just love the power of it? :p

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  • 2 weeks later...
DandD

DandD

Posted
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Can anyone here answer this?

 

Can a Bank change a Customers account 'type' without their knowledge or consent and then litigate?

 

Everyone that we speak to says that they can't, but where is the legislation saying that they can't? This is really important to us!

 

D&D

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JonCris

JonCris

Posted
Posted
Can anyone here answer this?

 

Can a Bank change a Customers account 'type' without their knowledge or consent and then litigate?

 

Everyone that we speak to says that they can't, but where is the legislation saying that they can't? This is really important to us!

 

D&D

 

 

There is no legislation which permits the altering/producing of accounts which are then enforced on customers without their consent.

 

There is no legislation for that but there is legislation against committing fraud

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