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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.
      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.

Barclays PPI claims- Delays- Claim in since May 16- Not Even acknowledged

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Posted
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Is anybody experiencing delays with Barclays PPI complaints?

 

My complaint arriived with PPI dept on 16th May 2013 (track and trace).

Yet too date it has not even been acknowledged.

 

According to Barclay's website acknowledge in 5 days, decision in 8 weeks. Now nearly 12 weeks

 

The original PPI was with Clydesdale Finance (nothing to do with Clydesdale Bank who returned docs very quickly)

which was taken over by Barclays Partner Capital so it might be that the complaint was passed on.

But neither Barclays main or partner capital give a seperate address for PPI claims

 

I have tried phoning but never get through and resent it being 0845 number (adding insult to injury).

 

I have sent a follow up letter last weekend.

 

Again track and trace but to date Royal Mail have not delivered

(so poor customer service to the left of me, miss sold PPI to the right of me) yet.

 

That or Barclays just not accepting new mail

So back to my original question. Are Barclays especially slow at the moment?

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ims21

ims21

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If the 8 weeks are up then you are free to get fos involved. The banks cannot arbitrarily change or extend the time limit laid down by the regulator.

 

You might like to send one more reminder, this time addressed to Barclays Registered Office and warn them that failure to respond and deal with your PPI complaint within a further seven days will result in a complaint being opened with fos which will cost them an £850 case fee.

 

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I had in fact given them until September 3rd and said I would contact FOS if no reply by that date.

 

I calculated this would give 30 days from the date of my follow up letter.

 

However, as RM have not got a clue where my track and trace follow up letter is.

And will not investigate until 22nd August.

I might have to amend that deadline.

 

The 8 weeks are already passed but it is also about me having time to take to FOS.

 

I recall hearing a few weeks ago that Barclays had contracted PPI work out, but were now taking it back in house.

 

As with any organisation, private or public sector.

 

Big changes can lead to delays and then catch up.

 

But to not even bother acknowledging is very poor

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ims21

ims21

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Whether they farmed it out and pulled it back in is not relevant....that's their problem. It doesn't alter the 8 week time limit laid down by the regulator.

 

Now, it is up to you whether you hang on and wait for them or whether you make a complaint to fos.

 

And yes it is poor that you have not received an acknowledgement (especially when their puff says that you will) however this type of behaviour from a bank comes as no surprise to us here.

 

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Chesscopter

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still no joy out of either. I do note both the Guardian and Observer in recent weeks carrying articles about how slow Barclays are about paying out. But nothing yet about how slow processing

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siriusb

siriusb

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Barclaycard did not send me an acknowledgement -I chased it up by phone two weeks after submission and got a real run around as I couldn't give them a claim number as I did not have an acknowledgement letter....fun eh!

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ims21

ims21

Posted
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still no joy out of either. I do note both the Guardian and Observer in recent weeks carrying articles about how slow Barclays are about paying out. But nothing yet about how slow processing

 

You have three choices really...

 

1 -> Pass it to fos (as mentioned previously)

 

2 -> Issue a strong reminder telling them that they have failed to meet the regulator's timescales, that you want your money in 7 days or you will pass it to fos.

 

3 -> Do nothing and wait.

 

Personally I would be taking a pro-active approach.

 

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