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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.

Cahoot and Consumer Credit Act

hopkinson

By hopkinson
in Cahoot

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hopkinson

hopkinson

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Really sorry to disappoint everyone but have now heard back from the FO and they have supported Cahoot. They say that we were kept informed regularly of the hikes in interest and could have paid up at any time. Very bad news

hopingforjustice:smile:

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citocoms

citocoms

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Typical FO ignoring the fact that we are trapped and cannot pay up, just as Cahoot know only too well. FO should consider it an Unfair Contract, but they are in the hands of the Financial Institutions, their paymasters and no doubt hosts at many big events.

 

Whole damn system waited against the powerless consumer. Take Financial Agreements we are meant to read and UNDERSTAND all that garbage and can even now be mislead on APR and Interest Rates, yet Agreement is enforceable by a court (post 1 Jan 2007). It is a disgrace and exploitation of consumers.

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keith4444

keith4444

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Thats terrible news Hopkinson, thanks for updating the thread though.

 

Does this mean its no way out for us Cahoot customers?:confused:

 

The "could have paid up at anytime" bit makes me laugh, so we get 30 days notice of interest rate hikes and we are supposed to find the entire balance to clear the loan?

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hopkinson

hopkinson

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have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input

hopingforjustice:smile:

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keith4444

keith4444

Posted
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Hi Hopkinson,

 

I'm very glad that your still fighting this one! May i ask who is checking this out for you? PM me if you prefer. I had a company check out the agreement and they came back saying in there opinion it was enforceable :mad: Of course i do not know what elements in particular they were looking for, I know that due to these loans being "flexible" its not easy for someone to say whether it is enforceable or not as its neither a typical loan or a credit card but a mixture of both!

 

I have all my fingers crossed for us all!

 

Please please keep us updated!:D

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hopkinson

hopkinson

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I work in a Law department in a University. I have sought the advice of one of the tutors who teaches Contract law and Sale of Goods. He gave me the opinion. He also confirmed that it is often up to a judge on the day

hopingforjustice:smile:

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citocoms

citocoms

Posted
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;2223810']Interesting hopkinson.

I will check my CCA once more but i still dont have a copy of the T&C's. :(

 

JayZ you can get a copy of the current T&Cs online at Cahoot; go to home page and scroll down to the very bottom, along the bottom you will see legal info (thats T&Cs) click on it to get the T&Cs.

 

I suspect they are updated to ensure compliance with CCA 1974 by now. I have a much earlier version.

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citocoms

citocoms

Posted
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Thanks useful post and information.

 

I have the original T&Cs as at Nov. 2001. I will pm you. The Variation clause is 13 in the current T&Cs you can obtain online at Legal Info.(Bottom of Home Page)

 

 

have asked for legal opinion on the agreement. In their opinion: Under paragraph titled Variations it is considered that this wording is ambiguous and unreasonable. It refers to paragraph 8 of the T&C and on the T&C sent to me that para is about care of cards etc and has no relevance therefore to that paragraph and this would make the agreement unenforceable. He also thinks that the para confirming "APR is calculated on an assumed credit limit of £100" is ambiguous as the credit limit is clearly more than that. He also wants to know if Cahoot can confirm they have a copy of the original agreement. Need to think about this all some more and would be grateful of anyone's input
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king123

king123

Posted
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I'm just about at the FSO stage now, having exhausted the Abbey complaints process re unreasonable hikes in interest rate. Very sorry to hear of your outcome hopkinson! If anyone else has any updates please do post as I need to decide whether to go to the FSO or not and how to present my arguments :)

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