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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.
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      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.

old Lloyds loan PPI claim ***Upheld***

nunnyrose
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nunnyrose

nunnyrose

Posted
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Posted

dont know if I should laugh or cry....

I think I've found another 1, same lender, same time scale as loans 1 & 2.

have to wait for the SAR though as no information other than the policy.

Hopefully I've learnt enough from you Ims to work it out myself - If I get stuck can I give you a shout (please, please, please)

Really hoping you're not as cheesed off as me as I thought I was ready to send of claim....you've helped so much. :)

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  • 1 year later...
NGEddie

NGEddie

Posted
Posted

Hi Nunnyrise and Ims :)

 

This is again similar to mine!

 

That copy of the agreement is like gold dust to me! I cannot make it out, but is there anything on there whiich shows how they worked out the ppi amount? I have 5 like this all pre 2000

 

4 just have the loan amount and a code, like Gold Ins 5-9.9k or siomething but no ppi amount. However the newest one actually comes with a statement and PPi amount.

 

My thinking if its done on % i can try to work out what it would have been for the older ones?

 

Cheers

 

E!

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nunnyrose

nunnyrose

Posted
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Hi Nunnyrise and Ims :)

 

This is again similar to mine!

 

That copy of the agreement is like gold dust to me! I cannot make it out, but is there anything on there whiich shows how they worked out the ppi amount? I have 5 like this all pre 2000

 

4 just have the loan amount and a code, like Gold Ins 5-9.9k or siomething but no ppi amount. However the newest one actually comes with a statement and PPi amount.

 

My thinking if its done on % i can try to work out what it would have been for the older ones?

 

Cheers

 

E!

Have you got a thread started for any of your claims ? If not I think you should start a thread and post up the documents you've got. That would be a good starting point to see what we're dealing with :)

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NGEddie

NGEddie

Posted
Posted

Yes I have :) :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?372496-Can-we-claim-PPI-back-on-2-loans-currently-paying-out-and-on-cancelled-credit-card-one-!

 

I have been reading as much as I can and yours is the first so far where ive seen an agreement.

 

Its really hard to make it out on the copy but does that agreement you posted have any mention of code of anything relating to the PPi? also was it just a one page document?

 

Many thanks

 

E!

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  • 2 years later...
maroondevo52

maroondevo52

Posted
Posted

Lloyds have finally upheld my complaint :)

 

Good stuff nunnyrose, delighted for you, hopefully well worth the wait :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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citizenB

citizenB

Posted
Posted
well worth it :) I've come to look at these claims as a sort of savings plan, lol.

I'll report back here once it's settled so we can mark the thread title as success :)

 

Indeed, where else would you get 8% on your money !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...
nunnyrose

nunnyrose

Posted
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another update....

On checking their figures I didn't agree. in fact their figures didn't even add up correctly! ( sort of 2 + 2 = 1 )

They were asking me to sign and return a full and final settlement before sending me payment.

so i phoned them and told them that as they had upheld my complaint and obviously owed me I would like my money please, and that I would be happy to accept their offer as part payment whilst they continue the investigation.

After much argument they have now agreed to send me a big fat cheque as an interim payment without me signing or accepting as full and final.

I've yet to receive it but will report back as and when :)

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citizenB

citizenB

Posted
Posted

nunnyrose - you might want to back up your conversation in writing.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...
nunnyrose

nunnyrose

Posted
  • Author
Posted

latest update:-

received cheque today for interim payment whilst they further investigate :)

As you suggested CitizenB, I did send a letter to back up the conversation -

I also had to ring them last week as cheque hadn't arrived and I'd been waiting since 2nd Feb.... they hadn't even issued it!

Anyway, once this cheque has cleared (apart from making a donation) I will write to them again and ask for an update.

Huge thanks to all :)

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citizenB

citizenB

Posted
Posted

Sounds like you still have a bit of waiting to do, but well done for persevering :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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