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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,

      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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    • 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.

Hfc ppi....***Refunded & settled***

bigphil61
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citizenB

citizenB

Posted
Posted

I have flagged the post # 98 for more comments.

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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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bigphil61

bigphil61

Posted
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Posted

Hi CitizenB, I have no intention of agreeing to the confidentiality clause, as I feel that the way they operate should be out in the open and as you can see I've already posted it up on this site! Thank you for your comments and guidance and I will have a read of that thread. BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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bigphil61

bigphil61

Posted
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Posted (edited)

Hi All, In response to their letter and with the adivce given by CitizenB, I'm considering sending them a letter a long the lines of:

 

Dear Sir/Madam, I understand from your letter dated xx August 2012 that you are open to negotiation. In regard to that and in order for me to withdraw my claim I would ask you to consider the below:

 

1) I require written confirmation from HFC that the data requested has been destroyed in line with the DPA guidlines.

 

2) I will not accept the confidentiality clause if I should consent to withdraw my claim.

 

3) That you carefully consider the amount of award for damage that would be awarded by the Court in light of HFC's failure to:

 

a) confirm that the requested data has been destroyed and:

b) Or supply the requested data, if I should continue with my claim and the Court finds in my favour.

 

Yours Faithfully BP

 

I think point 2 should be the last point :) Other than that and in the absence of other comments.. looks ok to me :)

Edited by citizenB

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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citizenB

citizenB

Posted
Posted

What are your estimated costs, BP ?

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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bigphil61

bigphil61

Posted
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Posted

Hi CitizenB,

 

My estimated costs are approximately £350.00 including £50 for the N1 claim.

 

I have just got home to find that the solicitors have sent me a copy of there AQ and under the heading 'Other Information' they state:

 

We are currently considering the Claimant's claim with our client and consider that a stay of the proceedings would assist the negotiation process. At this juncture, we believe that the matter is capable of settlement and for this reason we seek a stay of the proceedings for an initial period of 7 weeks, by which time we hope to be in a position to confirm settlement to the Court or proposed directions for conituance of the claim.

 

I have a couple of questions based on this and would appreciate your thoughts.

 

1) Do I need to send the solicitors a copy of my AQ?

 

2) Do I have to accept the proposed stay of proceedings?

 

 

BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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AndyOrch

AndyOrch

Posted
Posted

" I have a couple of questions based on this and would appreciate your thoughts.

 

1) Do I need to send the solicitors a copy of my AQ? Its deemed civil procedure and hopefully they will reciprocate

 

2) Do I have to accept the proposed stay of proceedings? " No its your choice but it would be a plus and show your are amicable in resolving

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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citizenB

citizenB

Posted
Posted

Interesting that they require 7 weeks in order for this negotiations..

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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bigphil61

bigphil61

Posted
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Posted

Hi CitizenB, Andy, Thank you for your responses and the advice! I was thinking that 7 weeks is a long time to negotiate too, but as Andy has pointed out, it might be prudent to allow them that amount of time to get there act together! BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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bigphil61

bigphil61

Posted
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Posted

Hi All, HFC have coughed up on my PPI claim and the money is now in the bank! I will be making a donation shortly to enable CAG to continue giving support to people like me! I would like to thank all for your advice, support and help throughout my battle with HFC! BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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AndyOrch

AndyOrch

Posted
Posted

Well done Phil

 

Delighted that this has been resolved for you.

 

I will amend your thread title to reflect the result.

 

Again, well done.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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dx100uk

dx100uk

Posted
Posted

told ya!

 

well done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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citizenB

citizenB

Posted
Posted
Hi All, HFC have coughed up on my PPI claim and the money is now in the bank! I will be making a donation shortly to enable CAG to continue giving support to people like me! I would like to thank all for your advice, support and help throughout my battle with HFC! BP

 

 

Oh this is brilliant news - well done for your perseverance :)

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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