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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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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

Result from Nationwide!

tbathgate

By tbathgate
in Nationwide Successes

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tbathgate

tbathgate

Posted
Posted

Hey All,

 

was a msierable Monday morning!! The new forum is looking great!

 

Ok quick update - I have two accounts with Nationwide, one had £60 of charges and the other was £116.53.

 

I just logged into my internet banking this morning to find that they have refunded the £60 of charges in the account today.

 

I haven't had any mail yet so if I get a letter I will let you all know what it says.

 

Still waiting for news of the other account, sent the letters at the same time, so maybe just processing it now!

 

Will keep you updated!!

 

Tom

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tbathgate

tbathgate

Posted
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Posted

Hey All,

 

Just to keep this up to date.

 

Received my letters from nationwide this morning...

 

Letter 1 goes like this:

 

Dear Mr Bathgate,

 

Thank you for taking the time to share your concerns with us, regarding the charges on your FlexAccount.

 

I am pleased to tell you that as a valued member the sum of £60.00 has been refunded.

 

Whilst these charges have been refunded we cannot guarantee that future requests will be granted.

 

So am happy with that as I got the charges back.

 

Letter Two re £116.53 goes like this:

 

Dear Mr Bathgate,

 

Thank you for taking the time to share your concerns with us, regarding the charges on your FlexAccount.

 

As a value member I want to help you get the best from your account. our policy on refunding charges is to refund the first charge. It is then the customers' responsibility if any future charges are incurred. Due to previous charges being refunded on the 17th January 2006 for £100.00, I am unable to grant your request.

 

what a joke!!!

 

So They have had the initial request and letter two above is the reponse to the LBA so now its time to claim. However they are still within the 14 days response to the LBA time

 

So do you think I should send a rather polite reminder back that the clock is still ticking and if they fail to refund the charges then I will proceed with action or just proceed with action?

 

Thanks

 

Tom

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Bookworm

Bookworm

Posted
Posted

Yeah, why not?

 

Say thanks for that, where's the rest? Remember that only way to stop me from filing and for you to avoid additional court csts and interest is to pay in totality before xxx, love,tbathgate. (You get the gist).

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tbathgate

tbathgate

Posted
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Posted

Okay have written a letter, what do you think? Is it a bit soft, could I be slightly more firm in my wording?

 

 

Dear Sir/madam,

 

FlexAccount Number: xxxxxxxx

 

In response to your letter dated 24th March 2006, I acknowledge and thank you for the refund of £100 on the 17th January 2006.

 

However, I have already stated in previous correspondence that you have 14 days to refund these costs before I make a claim against you including interest and court costs.

 

The only way to stop me from filing a claim against you and for you to avoid additional court costs and interest is to pay in totality the sum of £116.81 before 10th April 2006.

 

No further notice will be given after the 10th of April and action will commence immediately.

 

I look forward to your response

 

 

Does that sound ok?

 

Ta

 

Tom

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Dave Johnson

Dave Johnson

Posted
Posted

Dear Mr Hoar,

Furthur to my letter dated 15th feb 06,requesting the return

of all charges made on this account in the last 6 years within 7 days of reciept of the aforementioned letter by way of a personal cheque.

 

Due to your refusal to my request,(in your letter dated 16/2/06),and having had 7 days to return all charges, I unfortunately have no other alternative but to pursue this matter within the County Courts.

 

Was that the same letter you sent?

 

I know its not.

They send intimidating letters to scare people.

Bully Boy tactics do not work on people who know their rights.

We have the law on our side.

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  • 12 years later...
tbathgate

tbathgate

Posted
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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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Thread Locked

because no one has posted on it for the last 6641 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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