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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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      Hello,

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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.

HSBC PPI Claim *** SUCCESS ***

DAVIDENGINE
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  • 2 weeks later...
DAVIDENGINE

DAVIDENGINE

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Bit of an update...

 

After sending my SAR on the 21st of December, I got a response on the 6th of January stating I wasn't eligible for the documentation because I hadn't enclosed a cheque for ten pounds. Also enclosed with their documentation, was the cheque for ten pounds I had enclosed with my documentation, the cheque they said didn't exist, the cheque they had written upon and the cheque that they had returned to me! I had to laugh...

 

I responded immediately telling them my thoughts on this, sent the cheque again and explained the 40 days still applies from the 21st of December. I took it as a sign that they know my case is good and they're being difficult to avoid the inevitable for as long as possible...

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DAVIDENGINE

DAVIDENGINE

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These excuses by banks get more bizarre by the day.

 

Maybe someone has put something in the air con in their offices.

 

Keep at 'em

 

ims

 

As I said in my reply, I struggle to believe that anyone capable of that kind of mistake would manage to faind gainful employment let alone anywhere of the repute of HSBC so I can only assume it was them taking the **** and let them know in no uncertain terms that it won't work.

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  • 2 weeks later...
DAVIDENGINE

DAVIDENGINE

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Ok, I received the documentation today but no loan agreement, as in the one i signed when I took the loan out.

 

I got the statement detailing every monthly payment and a load of stuff that looks like a few years of records of scores and things. On those is listed a "Personal Loan Insurance Protection Score" so is that enough proof? I know it was on there and they've told me it was on there when I first called as well, the only thing is I can't remember the value of the loan pre the addition of PPI or the interest rate on it, is there any way to calculate it?

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ims21

ims21

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Hi

 

You don't need the interest rate of the loan so don't worry about that bit.

 

Just thinking....what you could try is just give them a quick call (as you did before) and see if they can call it up on screen and give you the info (or send it it to you). You might be lucky. Don't mention that you want this information for a possible PPI claim though....make up some other reason.

 

What you want to know is the amount of the cash loan and the amount of the ppi added to it.

 

ims

 

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DAVIDENGINE

DAVIDENGINE

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Hi

 

You don't need the interest rate of the loan so don't worry about that bit.

 

Just thinking....what you could try is just give them a quick call (as you did before) and see if they can call it up on screen and give you the info (or send it it to you). You might be lucky. Don't mention that you want this information for a possible PPI claim though....make up some other reason.

 

What you want to know is the amount of the cash loan and the amount of the ppi added to it.

 

ims

 

Literally just come off the phone doing exactly that and they couldn't pull the info up however, they did confirm that I had a PPI agreement there so I know for a fact I can go after it, just don't know how much I'm going for! I wouldn't trust them to repay the full amount with me not knowing and I also want the 8% interest, I'm not sure what to do

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ims21

ims21

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OK if you haven't got any base information on this then you're a bit kippered in doing calcs yourself.

 

A CCA request won't work because the loan is paid off.

 

What I would do is put in a speculative claim. Get the fos consumer questionnaire and complete it. Send it with a covering letter to the lender requesting the refund.

 

Maybe a silly question but have you checked the first statement they provided you with? Sometimes it will show the opening transactions split between cash advance and PPI advance.

 

ims

 

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DAVIDENGINE

DAVIDENGINE

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OK if you haven't got any base information on this then you're a bit kippered in doing calcs yourself.

 

A CCA request won't work because the loan is paid off.

 

What I would do is put in a speculative claim. Get the fos consumer questionnaire and complete it. Send it with a covering letter to the lender requesting the refund.

 

Maybe a silly question but have you checked the first statement they provided you with? Sometimes it will show the opening transactions split between cash advance and PPI advance.

 

ims

 

They've been clever, they've included the payment statements, dates etc and a load of crap I didn't want but not what I need the most so they've obviously made an effort not to include the breakdown to make it more difficult for me. I think a spec claim may be a good idea, would I just request "the full amount plus 8% interest?"

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ims21

ims21

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Don't forget the fos questionnaire.

 

In the letter out something along the lines of...

 

"I have attached a completed fos consumer questionnaire and is this clearly demonstrates that the policy was mis-sold I require the refund of all payments made pluse 8% statutory interest in accordance with fos/FSA guidelines"

 

ims

 

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DAVIDENGINE

DAVIDENGINE

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Don't forget the fos questionnaire.

 

In the letter out something along the lines of...

 

"I have attached a completed fos consumer questionnaire and is this clearly demonstrates that the policy was mis-sold I require the refund of all payments made pluse 8% statutory interest in accordance with fos/FSA guidelines"

 

ims

 

Great stuff! Thanks again mate

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DAVIDENGINE

DAVIDENGINE

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Just posted ther letter, thanks ims. Kept it short and to the point using the sentence you suggested along with a request they confirm receipt with a timescale as to when they'll be refunding me in full.

 

Will update as and when :)

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  • 1 month later...
DAVIDENGINE

DAVIDENGINE

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Update:

 

Heard back from HSBC the week before last with an offer of refund much higher than I expected, I accepted and it went in my bank today! £963!! Really happy with this and thanks again for the help ims, you're awesome!

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