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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      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.

Northern Rock

penguinsmall

By penguinsmall
in Other Institutions

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PhantomReclaimer

PhantomReclaimer

Posted
Posted

I've just filed the N1 form at the Court today. Northern rock seem to think that not paying a DD constitutes a "service" they are providing me with. We'll see.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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patty06

patty06

Posted
Posted

I sent my letter off to Northern Rock with £10 fee on 22nd Feb.... watch this space!! they certainly won't intimidate me with threats of court action as I work in a solicitors office!!!

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PhantomReclaimer

PhantomReclaimer

Posted
Posted
Phantomreclaimer

 

Did you have any success with the Northern rock i am in limbo with them, they have asked for my judgement to be set aside

 

Sorry for the late reply - been busy doing other stuff recently.

 

The state of play with NR at the moment is that they have entered a defence to my claim and I need to file the AQ by tomorrow (stop press - a copy of the AQ filed by Northern Rock has just dropped through the door and was almost eaten by the dog).

 

Like I was saying before, in their letters to me they claim that the charges were made for the service of refusing payment (which is a surprise because the letters they send out clearly say that they are to cover costs). In their defence they've added a sneaky little twist to that which I'll not go into for now. However, I think it's all the better for me because it just makes it look unreasonable on their part that the supposed service they were providing me with has only ever been described precisely by them to me in their defence and I've had my account since 1995!

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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N#1N#2

N#1N#2

Posted
Posted

PhantomReclaimer

 

a quick question i am to send my AQ of today for monday;s deadline, but I did not think that you sent a copy to all parties at this stage, is this normal??

 

I thought only have the courts have read and acted upon this AQ did you send all parties copies of

  • courtbundle
  • charges summary etc

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PhantomReclaimer

PhantomReclaimer

Posted
Posted

The AQ asks whether or not you have sent the other party a copy but dosen't reqire that you do - presumably the Court may do that?

 

I have sent NR a copy of it though and have sent then a copy of a response I've writen to their defence as well as including it with the AQ when I filed it with the Court. They are going to get it anyway so may as well be sonner rather than later I reckon.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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N#1N#2

N#1N#2

Posted
Posted

PhantomReclaimer

 

The letter in response to there defence , can you share with us or not.

 

I might just e mail a copy of the AQ to the nice lady at the Northern rock also with a copy of the directions??

 

I would be nice if this speeded things up as it all dragging on.

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PhantomReclaimer

PhantomReclaimer

Posted
Posted
PhantomReclaimer

 

The letter in response to there defence , can you share with us or not.

 

I might just e mail a copy of the AQ to the nice lady at the Northern rock also with a copy of the directions??

 

I would be nice if this speeded things up as it all dragging on.

 

Well, they've got a copy of it now so I suppose it's ok to share with everyone. I'm going to do a big post with the whole story and all the docs in but I'm a bit pushed at the moment so I'll try to get it done tonight or tomorrow morning.

 

Can I ask what they have said about the nature of the charges in their defence to you? In their initial letters to me refusing my refund they claimed that the charges were for the service of refusing the payment request. However, they sneakily modified that in their defence claiming that the service provided is actually one of deciding whether to honour the payment or not. Obviously, this is the first time in 12 years that I've ever heard mention of the existence of such a service and the letters they send out to notify you of each charge clearly state they they are charging you to recover costs, not for having performed a service for you.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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coppertop

coppertop

Posted
Posted

I eventually got the list of charges applied to my account over the last 06 years. That was after I issued the 07 day letter. My letter requesting the refund went off this morning recorded delivery, so let's sit back and see!!!!!!!!!!!

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PhantomReclaimer

PhantomReclaimer

Posted
Posted

NR initially sent me a lost of charges relating to only the previous 6 years. I wrote back pointing out that the request was for all charges, whereupon they produced a lost going back to march 1995. My claim is for all those charges.

 

They have said in their defence that they intend to apply to have the pre-6 year ones struck out but I've tried to counter that with my response to their defence.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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patty06

patty06

Posted
Posted

I received my letter from Northern Rock today setting out details of charges over the past 6 years. I will be sending my letter tomorrow asking them to repay the charges - hope I get a quick reply!

 

P

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coppertop

coppertop

Posted
Posted

Eventhough my letter went recorded delivery, 1st class, royal mail have no record of it being delivered! This is the 4th letter that I have sent to different organisations lately that I cannot trace if they have been delivered. What are we paying this extra service for?

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pf149

pf149

Posted
Posted
Ignore their letter it's just bluff. Call their bluff instead, stick with the timetable and file at moneyclaim 14 days after your LBA.

 

They won't use anything against you in court, because they won't be there.

 

I had the same letter dated 11th June (prelim sent 1st June) within the 14 days so can I still send the LBA because it says you are disappointed in their failure to reply, but they did....

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pf149

pf149

Posted
Posted
Ignore their letter it's just bluff. Call their bluff instead, stick with the timetable and file at moneyclaim 14 days after your LBA.

 

They won't use anything against you in court, because they won't be there.

 

I had the same letter, what shall I do ?

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penguinsmall

penguinsmall

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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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