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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.

Confused!!! Please help - Hardship claim query

BECKY X

By BECKY X
in Hardship applications

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BECKY X

BECKY X

Posted
Posted

Hello,

 

I have already tried every approach to retrieve my unfair bank charges from 'abbey' but with no joy and am no in the court case waiting que as my case has been put on hold like all other bank charges claims.

 

My question is,

Since filing my case with the courts, i have become unemployed. Christmas is going to be a real struggle and i am behind with most of my household bills and rent.

Now that i am receving benefits, can i write to abbey again explain my situation and put through a hardship application even though i have already taken them to court? If they do make me an offer do i have to accept it? If i do accept the offer but it is not the full ammount, can i still claim for the remaining ammount?

If any of this was to happen, what would happen to my pending court case?

 

I have been searching this site and have found many answers but all with different opinions. Please can someone just explain simply what you think is best for me to do. Do i sit it out and wait for the final hearing or do i reclaim via the hardship process?

 

Thanks for your time all :)

ABBEY: Owed £1.140 :mad:

06/07/06 - Requested Statements

07/08/06 - Request For Repayment Letter Sent Totaling £1,140

29/08/06 - LBA Sent

15/09/06 - Received reply offering £570 as a final settlement

25/09/06 - Accepted offer but ONLY as a partial repayment, & notified them that i am still going to persue for the remainder of the money

01/10/06 - Set up court date

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yourbank

yourbank

Posted
Posted
Hello,

 

I have already tried every approach to retrieve my unfair bank charges from 'abbey' but with no joy and am no in the court case waiting que as my case has been put on hold like all other bank charges claims.

 

My question is,

Since filing my case with the courts, i have become unemployed. Christmas is going to be a real struggle and i am behind with most of my household bills and rent.

Now that i am receving benefits, can i write to abbey again explain my situation and put through a hardship application even though i have already taken them to court?

You can and have always been able to ask the bank to look at any claim for financial hardship. Under BCOBS rules they have to look at it(formerly the banking code)

If they do make me an offer do i have to accept it?

If they make an offer and you reject it then they don't have to increase it and your only route is the Ombudsman who may not increase it.

If i do accept the offer but it is not the full ammount, can i still claim for the remaining ammount?

If they make an offer it will NOT be for the full amount and may only relate to a period where the hardship was becoming an issue, ie period of unemployment.

If any of this was to happen, what would happen to my pending court case?

Currently, it would be taken off any settlement if we get to that stage.

I have been searching this site and have found many answers but all with different opinions. Please can someone just explain simply what you think is best for me to do. Do i sit it out and wait for the final hearing or do i reclaim via the hardship process?

You have absolutely nothing to lose by asking the bank to look at your case as a financial hardship one. Remember, there is no FSA waiver anymore so that is out.

Thanks for your time all :)

see the above.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 2 months later...
wilsikon

wilsikon

Posted
Posted

I am hugely confused.com and would love someone to help - I did the whole bank claim on A&L and had my case put on hold as did we all. It was suggested to me ages ago that I may count as a hardship case, so I wrote to A&L and said I intended to claim on the grounds of hardship and they wrote back saying that as I didn't bank with them any more and therefore would not be incurring further charges from them I was not a hardship case. Can someone explain to me if this is correct?

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  • 3 weeks later...
ramjet

ramjet

Posted
Posted

Hi All,

Whats the latest with this thread,does the hardship rules still apply ? Any template letter links to maybe start a claim.My eyes a sore after reading so much and confusion now exists.Is this just a non starter until the whole court thing has been resolved or was the last judgement final and the gate now closed for any claims to be started ?

Can anyone link a idiots guide if there is still some mileage in starting a claim.:confused:

Every month the charges are getting worse with Abbey and its so annoying.

Thanks,

Ramjet

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  • 1 month later...
AA99

AA99

Posted
Posted

I understand that banks do still have to look at a hardship claim but if they offer you anything it will only be for while they thought you were hard up. You will need every bit of paper from them to prove that. You should have already asked for a CCA £1 and a SAR £10.

 

Even since the Manchester case, the one thing that has come out is the Unfairness of the charges being made, like a one-sided variation to the agreement. There are many cases of unfair banking and this seems to have come into the light now. I also understand that they don't look too favourably on template letters and you would do well to draft a letter up in your own words stating your case of unfairness, with evidence, and start your own thread. You can post up the draft and then see what people say before you post it.

 

Good Luck;)

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