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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
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      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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Bong v Sainsbury's Bank Card Services


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Sure enough received a cheque in the post today for £373.29. I have banked it and they can just deduct the settlement they applied to my account seeing as I specifically asked them not to credit my account. I will now send a letter to the court saying that they have paid in full.

 

Another one bites the dust...:D

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Lucky you. Sainsburys have issued a defense against my claim right at the last minute.

 

Waiting now to see how they can justify charging me £50 for a letter, and the rest. Well at least it makes life interesting.

 

juli99

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I know !! :p They're pretty bothered by it aswell - they've phoned me and asked me to write to the court to get it removed. And I had a letter from the court today saying

 

"the defendant is applying to the court for a certificate of satisfaction or cancellation of the judgement debt and for the entry in the Register of County Court Judgements to be removed or marked to show that the debt including any interest is satisfied. Unless you object in writing to the court within one month of the above date a certificate will be granted automatically and the Register will be marked accordingly."

 

What do we think then guys - should I put them out of their misery now or make them wait a month? :confused: ....:D

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  • 2 weeks later...

i ,this is my first post on here , i sent off for my statements from sainburys bank , credit card services, and received them today ,40th day not until 11th dec ..have worked out they owe me £861.00 but dont know if i am supposed to add interest to this , if so how do i work it out ,looked on spread sheets, bit confusing, is there an easy way to work out how many days since the charge. thanks.

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  • 2 weeks later...

Firstly, well done bong on your win, your an inspiration to all us Sainsburys Credit card claiming people :)

 

I sent by recorded delivery my sar on 12th october with a £10 cheque.

 

They've signed the recorded delivery and cashed my cheque :o but not sent me any statements.

 

Its my husbands credit card anyway, so i'll get him on the phone tonight and tell them their breaking the law (i'll check the correct wording before he phones later).

 

Nettie, I am going to claim interest on the charges from Sainsburys CC.

 

Its a stack of late payment charges i've had over the last 6 years, and i'm using the interest calculator on moneysavingexpert.com to calculate how much they owe me.

 

Well done again Bong, you give inspiration to us all. x

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Quick update, Sainsburys defense is that they cannot trace me and I do not have a credit card.

 

Seems that with so many people going after the credit card side of Sainsburys that I have been lumped in with them. I have a bank loan with them. Oh and they keep on calling me Mr. McCartney not my name.

 

juli99

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Hi Alison

 

I've already submitted my AQ and am now awaiting a court date.

Their defense that they submitted to the court is that I do not have a credit card with them. Nowhere have I said I did have a credit card. I do not know if they realise yet I am not Mr McCartney.

 

Could be an interesting day out if they keep to their defense.

 

juli99

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