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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Alliance and Leicester PPI

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Buncrana

Buncrana

Posted
Posted

Hi guys,

 

I'm looking for a bit of help for myself with regards to a PPI claim against Santander/A&L.

 

I have a feeling I may be too late to deal with this but you never know.

 

I first launched a claim for this last year and received the ''get lost'' letter in August.

 

From the start I told them that the claim was for a card from A&L that was terminated around late 2004.

 

They then sent back the letter stating that I had nothing with them in the previous six years, something that I had already told them.

 

I then spoke to them and was informed that according to their ''C.U.G.'' system (I have no idea what that is), yes, I did have a card with them, and yes it did have PPI. She could also tell me that the card ran from October 1997 until November 2004.

 

The ''get lost'' letter was received August 14 2012.

 

Unfortunately, due to various other things going on at the time, I mislaid the letter and it wasn't dealt with the way I normally would.

 

Is there a next step for me, or should I just forget it, or should I SAR them?

 

I am aware of the six month time limit from the date of their letter.

 

Any advice/help/suggestions will be very gratefully accepted.

 

I do realise that I am probably too late, but you never know :)

 

Regards,

 

Buncrana.

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ims21

ims21

Posted
Posted

Hi

 

The problems you have here are the expiration of the six month period to be able to refer to fos and also if the account was closed and paid off more than six years ago then they may have destroyed any meaning ful data on the account.

 

You say that you had various things going on at the time which prevented you from carrying on with this at the time. If you have exceptional circumstances then you may be able to persuade fos to take it on but you will need to get in touch with them and explain why you couldn't act sooner.

 

You could try a SAR and see what you get back from them in the way of meaningful data.

 

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ukdarrenfan

ukdarrenfan

Posted
Posted

We were in the same position.

 

We knew that we had both a loan account and a credit card with Alliance & Leicester in the early to mid 90's,

but all we had was account numbers for both.

 

We sent a SAR request, but just got told that they were so old that they no longer held any information.

 

We decided to give up then, but

 

about 3 months later we got a letter from Santander saying

'We haven't heard from you regarding our offer'

 

As I hadn't received any offer I rang them up and they admitted that they had forgotten to send out the offer.

 

When I asked them how much they told me it was just under £1000.

 

I know that at one point we were paying through Baines & Ernst, so I have no idea how much we were paying in PPI.

It was a nice surprise just to get anything back when I was going to give up.

 

They are also now looking into the Credit card again.

We got a letter saying that as they held no information we would need to send them some statements, which we don't have.

 

Again I gave up, but had another letter a few days ago saying that they needed something to prove the account numbers.

That was sent off early this week.

If we get a bit more back it would be great.

 

We've literally had no paperwork at all, just the account numbers.

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Buncrana

Buncrana

Posted
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Posted
Hi

 

The problems you have here are the expiration of the six month period to be able to refer to fos and also if the account was closed and paid off more than six years ago then they may have destroyed any meaning ful data on the account.

 

You say that you had various things going on at the time which prevented you from carrying on with this at the time. If you have exceptional circumstances then you may be able to persuade fos to take it on but you will need to get in touch with them and explain why you couldn't act sooner.

 

You could try a SAR and see what you get back from them in the way of meaningful data.

 

Hi IMS21,

 

The thing is, it was them who gave me the details regarding the card. They could tell me when it was taken out, so they had that record back in August.

 

Re FOS, there was nothing major as such, just lots and lots of little things that took up a lot of time. I'm normally pretty much on the ball with stuff like this, but I missed this one :(

 

We were in the same position.

 

We knew that we had both a loan account and a credit card with Alliance & Leicester in the early to mid 90's,

but all we had was account numbers for both.

 

We sent a SAR request, but just got told that they were so old that they no longer held any information.

 

We decided to give up then, but

 

about 3 months later we got a letter from Santander saying

'We haven't heard from you regarding our offer'

 

As I hadn't received any offer I rang them up and they admitted that they had forgotten to send out the offer.

 

When I asked them how much they told me it was just under £1000.

 

I know that at one point we were paying through Baines & Ernst, so I have no idea how much we were paying in PPI.

It was a nice surprise just to get anything back when I was going to give up.

 

They are also now looking into the Credit card again.

We got a letter saying that as they held no information we would need to send them some statements, which we don't have.

 

Again I gave up, but had another letter a few days ago saying that they needed something to prove the account numbers.

That was sent off early this week.

If we get a bit more back it would be great.

 

We've literally had no paperwork at all, just the account numbers.

 

I have the card number for this, and supplied it to Santander. But I have no statements. As I said, they could tell me the details, so they must have them.

 

I have the SAR letter ready, will post it tomorrow and see what comes back from that.

 

Buncrana

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Buncrana

Buncrana

Posted
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Hi IMS21,

 

All the other PPI claims I've had are all from around this period. All paid out, even another A&L one, but for some reason, they are not playing ball this time.

 

They know there is PPI on this account. They told me such over the phone. Yet I still receive the ''get lost'' letter :(

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ims21

ims21

Posted
Posted

The passage of time from the refusal letter is the thing that is likely to make this more difficult that it would have been.

 

You might be lucky and get fos to look at it although you are over the six month referral time.

 

What were the reasons the lender gave for rejecting your claim on this one?

 

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ims21

ims21

Posted
Posted

Yes that's what I meant earlier when I said that since the account was closed more than six years ago, they may well have destroyed the records of the account i.e. the statements/transaction history. However, their system may still retain data as to the start date and finish date of an account.

 

As I said, you can SAR them to see what comes back, you never know, there might be something useful in there.

 

While there is no time limit as such on PPI claims, it is the data which will enable a calculation to be done which is an issue here as well as being past the six month time limit for a referral to fos (although as I have said, give that a go because you might be lucky).

 

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Buncrana

Buncrana

Posted
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''they may well have destroyed the records of the account i.e. the statements/transaction history. However, their system may still retain data as to the start date and finish date of an account.''

 

Ah, that would explain why they could still tell me there was an account.

 

I was under the assumption that if they could supply me with those details, then they could supply the lot.

 

Thanks for clearing that up :)

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Buncrana

Buncrana

Posted
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Posted

Hi Guys,

 

Well I sent of the SAR letter and cheque two weeks ago, but the cheque still hasn't been cashed.

 

How long does it normally take for the cheque to reach my account??

 

Regards,

 

Buncrana

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Buncrana

Buncrana

Posted
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Ah ok.

 

Well if they have the letter then the clock has started for the 40 days. If they choose to not cash the cheque yet then that is their problem.

 

Thanks for that Ims, I assume that I don't have to do any chasing up now?

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Buncrana

Buncrana

Posted
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Excellent...no excuses now then :-)

 

Will be curious to see what they come up with now Ims, on one hand they were saying no PPI, yet they told me on the phone that, yes, it was there.

 

Will go through the SAR when I get it, then see where I go from there.

 

And thanks for the advice :D

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