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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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      Hello,

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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.

EGG Complaint - 1st reply

ANNALH

By ANNALH
in Egg

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because no one has posted on it for the last 1914 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

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Start your own new thread

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  • 1 month later...
killing_the_egg

killing_the_egg

Posted
Posted

Its been a month since your last correspondence. Have you given up??? Or been taken out? :0

Egg Credit Card - Data Protection Act sent 15/6

Recieved Statements 29/7

Halifax Credit Card (£775) - Data Protection Act handed in at branch 21/6

Recieved statements 25/7

Prelim sent 25/7

LBA sent 14/8

MoneyClaim Filed 6/9 (£916.94)

Halifax Bank Account (£430) - Data Protection Act handed in at branch 21/6

Recieved Statements 27/7

Prelim sent 27/7

LBA sent 16/8

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ANNALH

ANNALH

Posted
  • Author
Posted

No news as yet. Waiting for a court date, no more correspondence from Egg for a long time about the charges, however they did close my credit card account and made me pay it off.

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  • 3 weeks later...
killing_the_egg

killing_the_egg

Posted
Posted

Still no news on a court date?

Egg Credit Card - Data Protection Act sent 15/6

Recieved Statements 29/7

Halifax Credit Card (£775) - Data Protection Act handed in at branch 21/6

Recieved statements 25/7

Prelim sent 25/7

LBA sent 14/8

MoneyClaim Filed 6/9 (£916.94)

Halifax Bank Account (£430) - Data Protection Act handed in at branch 21/6

Recieved Statements 27/7

Prelim sent 27/7

LBA sent 16/8

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ANNALH

ANNALH

Posted
  • Author
Posted

Still waiting!

 

Ive paid off my credit card balance now because they decided to close my account.

It also prompted me to pay off other debts too so Im feeling lighter for it!

 

Thanks Egg!!

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  • 2 weeks later...
ANNALH

ANNALH

Posted
  • Author
Posted

Had a letter this morning;

 

They are counterclaiming £120 which apparantely is their costs for having to close our egg card account (as a result of us suing them they made us pay off the balance)

 

Although the OFT has made them drop default charges from £20 to £16 and therefore they are prepared to offer us a refund of £4 per charge which amounts to £24, plus £30 court fee. Which means we still 'owe' them £76!!

 

They also said that as the claimant the burden of proof lies with us to prove their charges are a penalty etc.

 

We paid the card off last month and closed the account. e have a court date now for September so I dont know if we should reply to that letter or not.

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sarey331

sarey331

Posted
Posted

blimey:o

they do sound rather intimidating. i cant believe they closed your account, they've got a cheek!

 

im an egg customer and im going to be following your case, please keep up updated

good luck

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jonni2bad

jonni2bad

Posted
Posted

Tell them that you are very much aware of the procedure for burden of "proof" in a small claims court, which is in fact only a balance of probability and that you are more than happy to do this if they do refund you the money, in full.

 

You are also very aware of the OFT statement regarding penalty charges and that it states, quite clearly, that only a court can decide what amount is lawful. Again, you are more than happy to let a court decide.

 

Then find your own words to say "Pay up or shut up - see you in court"

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...
ANNALH

ANNALH

Posted
  • Author
Posted

Hello,

 

I sent my DCA a sar request but forgot to put in the £1 fee. They have confirmed they have received it and are dealing with it but the 12 days have elapsed and ive had no written reply. Do you think they will send the info anyway? i suppose it doesnt matter if they havent got the paperwork i can still apply for the debt to be written off cant i?

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alanfromderby

alanfromderby

Posted
Posted

If you sent a Data Subject Access Request then they have 40 days to supply the information they hold, and it makes no difference to the status of the debt if they don't comply. Since they can ask £10 for a DSAR they may still come back to you and ask for more money.

 

Now, if you have sent a request under the Consumer Credit Act and enclosed £1, then things are a lot different.

 

 

 

 

 

 

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ANNALH

ANNALH

Posted
  • Author
Posted

It was a request under the consumer credit act. Co-incidentally ive just had a phone call from the DCA who told me they have not bought the debt, they are only a Solicitors, and they will be getting Egg to supply me with the original agreement and default notice. Doesnt sound good as im sure the original creditor will have the correct paperwork.

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hagenuk

hagenuk

Posted
Posted

I have read that Egg never sell debts, so it may not work with this lender.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...
DazNorthants

DazNorthants

Posted
Posted

All the Egg threads seem to go quiet. I suspect Egg intimidation works with some people.

 

Hopefully you are still with us?

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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  • 2 weeks later...
ANNALH

ANNALH

Posted
  • Author
Posted

Is there a template letter or something to send to Trading Standards to report them or do you just ring them??

 

Egg had 30 days and have not provided me with my agreement so i want to report them.

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  • 12 years later...
ANNALH

ANNALH

Posted
  • Author
Posted

This topic was closed on 03/07/19.

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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style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1914 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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