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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

      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.

taken to court by HFC/restons... **case dismissed** now marking CRA file again

whatamess

By whatamess
in HFC (Household)

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manchestman

manchestman

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You said they sent you an order I guess it is a consent order. What did it say? Don’t sign or send it till we have a look!

Yes, absolutely right

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citizenB

citizenB

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You said they sent you an order I guess it is a consent order. What did it say? Don’t sign or send it till we have a look!

 

 

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whatamess

whatamess

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You said they sent you an order I guess it is a consent order. What did it say? Don’t sign or send it till we have a look!

 

Its says The client has mad the decision , in view of the low value of this claim to discontinue the proceedings against me rather to proced and incure further costs. We would be greateful if i could sign and return the order by email as a matter of urgency.

 

and the form i have to fill in looks like it has come from the court its a consent order and says UPON the application of the solicitors for the Clainmant and the Defendant in person

 

IT IS ORDERED BY CONSENT THAT:-

1. The proceedings in this matter be discontinuted

2. There be no order for Costs.

 

Thanks

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citizenB

citizenB

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It looks ok for me. DonkeyB, would this mean that whatamess cant claim wasted costs ?

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whatamess

whatamess

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It looks ok for me. DonkeyB, would this mean that whatamess cant claim wasted costs ?

 

Hi CitizenB,

 

I sent them a letter last week to ask them to drop the case and i would not seek any of my costs.

 

Thanks for looking over it for me i will sign and send back today phew out of my hair at last :-D

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whatamess

whatamess

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Ok I have just called the court and quoted the case number which is showing on the consent form and it is not my case number it is someone else v HFC not good, lucky i checked, so they wont be getting it back signed today I need them to send me an ameded copy :mad2: nothing is ever straight forward.

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DonkeyB

DonkeyB

Posted
Posted

Greeks bearing gifts, eh?

 

You might also want to request an assurance in the order that the account will not be sold on to a third party, and that they will cease reporting it to the CRAs. I think you deserve it, because they’ve wasted more of your time.

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nicolee2931

nicolee2931

Posted
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Greeks bearing gifts, eh?

 

You might also want to request an assurance in the order that the account will not be sold on to a third party, and that they will cease reporting it to the CRAs. I think you deserve it, because they’ve wasted more of your time.

 

Yes indeed, a consent order is made between both parties, I would e-mail Restons stating that you don't want the amounts sold on so someone else can have a crack at you and that reporting to CRA's stops.

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whatamess

whatamess

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Hi there

 

I sent the letter asking for assurence that the account wil not be sold to a third party company once the procedings are discontinued, and they have replied to say that they are unable to to provide an assurance that the account will not be sold on as this is out of there control.

So does this mean they can sell it on and the third party company will then take me to court and i have to go through all this again? Anyone got an opinion on this?? im really confused.

 

Also they have suggested they cannot remove the defult on my credit file as at the time it was place it was correctly placed, any comment son this????:|

 

All of a sudden i don feel like such a winner :-(

Im sure they want this sorted before christmas but at this rate i wont be signing anything, what if i choose not to sign?

 

Thanks

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DonkeyB

DonkeyB

Posted
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But it’s a consent order! These factors are all most certainly within their control! That is just a load of bow-locks. This is exactly why we suggested you ask for these assurances. If Restons claim it’s out of their control, then they should ask their client!

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whatamess

whatamess

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Thanks DonkeyB, do you think I should write back and say that im not happy with the response and if they are unable to give me the assurence then they should speak to HFC as i am not prepared to sign the consent form without the reasurence?

 

If this does not go my way and they decide to go ahead with the trial and they lost would this debt ever be sold on? Is it allowed once taken to court if they loose? Also do they have to remove any defaults?

 

Thanks

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DonkeyB

DonkeyB

Posted
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I doubt they will consent to removing the CRA data, but I can see no good reason why they cannot ask HFC to consent to the debt not being sold on to a third party. Otherwise you have no finality in proceedings.

 

As you say, they must ask their client. That is the whole point of their being an advocate!

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Chipmeister

Chipmeister

Posted
Posted

This might not be a huge help Whata, but you are able to make notes on your credit report, so if Restons or HFC do not consent to removing the default info off your credit record you can make some notes so that anyone who looks at your credit report knows that this matter has been sorted to the satisfaction of both parties. Once Restons have pulled their finger out over the correction of the consent notice of course... :roll:

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AndyOrch

AndyOrch

Posted
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Hi Whata

 

I see you have had some developments.Ok firstly for clarity you cant request the Default marker to be removed its there because the account was defaulted at some stage with the OC.

This remains in place for six years in line with ICO,s requirements.Secondly assuming you accept the consent to discontinue there is a chance that he account may be sold on at some stage in the future and some Muppet's may try their chance at bringing another claim.However you will have retained your file and have evidence that their predecessor attempted and failed and will add to any further defences should that be required.They also would need permission of the Court to resurrect the claim.IMHO agree the discontinuance and put the matter to bed and enjoy the festivities.

 

Regards

 

Andy

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DonkeyB

DonkeyB

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This might not be a huge help Whata, but you are able to make notes on your credit report, so if Restons or HFC do not consent to removing the default info off your credit record you can make some notes so that anyone who looks at your credit report knows that this matter has been sorted to the satisfaction of both parties. Once Restons have pulled their finger out over the correction of the consent notice of course... :roll:

 

But that note will only remain on file for a limited time.

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MrMT

MrMT

Posted
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I would just like to add, as I'm awaiting a similar threatend court action, a big well done to CAG supporters, advisors and whatamess for this great triumph. I got fairly emotional when I read the good news, it's gone some way to restoring my faith in the balance of power to the people vs the corporation and inspired me to feel less anxious, giving me hope and courage to fight mine.

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DonkeyB

DonkeyB

Posted
Posted
Is that right?? I assumed it would stay there indefinetely. Do you have any idea of the time limit please, and can new notes be added / updated?

 

Actually, I got that from elsewhere on CAG! It seems to be wrong.

 

From what I have now looked up, you can add a 200 word Notice of Correction and it should remain there until you advise them to remove it. However, the CRAs have powers not to add the notice if they think it is unfounded or frivolous (yeah, they’d be a great judge of that), in which case you would need to complain to the Information Commissioner’s Office (ICO).

 

I can’t find any info about updating NoCs.

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Chipmeister

Chipmeister

Posted
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Actually, I got that from elsewhere on CAG! It seems to be wrong.

 

From what I have now looked up, you can add a 200 word Notice of Correction and it should remain there until you advise them to remove it. However, the CRAs have powers not to add the notice if they think it is unfounded or frivolous (yeah, they’d be a great judge of that), in which case you would need to complain to the Information Commissioner’s Office (ICO).

 

I can’t find any info about updating NoCs.

 

Interesting stuff - thanks for looking into it. I must confess, to avoid any issues I used the CRA's standard wording and the updates have been up for a couple of months now.

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whatamess

whatamess

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Hi all

 

Thanks for all your replies I will do as andy suggests and agree to the discontinuance as i do want this out of my hair, so thanks for your advice again Andy .

 

Thanks for the information regarding putting notes on my credit file I will look into that in the new year.

 

I hope you had a really good Christmas and here's hoping for a good 2011 for us all :madgrin:

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whatamess

whatamess

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I would just like to add, as I'm awaiting a similar threatend court action, a big well done to CAG supporters, advisors and whatamess for this great triumph. I got fairly emotional when I read the good news, it's gone some way to restoring my faith in the balance of power to the people vs the corporation and inspired me to feel less anxious, giving me hope and courage to fight mine.

 

Hi MrMT

I did nearly throw in the towel a few times as i didnt think i could cope with the all the legal jargen and didnt really think i had a chance in hell of winning, but with the great help and support from CAG they picked me up each time i felt down, so do not give in please continute to fight... and good luck :-)

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