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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.

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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.

Gary (Aberdeen) v Halifax

garyhay

By garyhay
in Scotland Banks & Finance

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buzby

buzby

Posted
Posted

If you sent the letter and it was delivered on the 17th Novrmber, I'd reasonably expect a reply by 10/12, they're correspondence is never quick. You might as well give them the time, as any complaints you raise won;t be dealt with any faster. As for complaining to the ICO, they are not a resolution service, only compliance - so you might as well chill for a week or so before raising your action as threatened in your LBA.

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  • 2 weeks later...
garyhay

garyhay

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Still not got my S.A.R - (Subject Access Request) info.

 

Thats since I sent my original letter on 20th Sept and the original reply saying I would get the statements came from Halifax on 30th Sept, 2 days after they cashed my fee.

 

How can I raise a LBA if they dont send statements

 

EDIT

Called the telephone banking line and they informed me that after calling yesterday my statements have been ordered and they will action this in the middle of next week. What a cheek they have

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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garyhay

garyhay

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I recieved a letter today from the Information Commisoners Office saying that they had issued me a case number against the Halifax.

 

This was because a CC'd the ICO into my 2nd request letter after the original 40 days were up.

 

Although Halifax are saying that they will deal with my request next week I think I should just gather the evidence and send it to the ICO. Might as well fight fire with fire.

 

Should I do this or Not?

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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  • 2 weeks later...
garyhay

garyhay

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Statements arrived today so round 1 over. Can't wait to total it up tonight

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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garyhay

garyhay

Posted
  • Author
Posted

Yip. £809.00

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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garyhay

garyhay

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Nice. Have you figured the interest cumulatively too? Best of luck for it.

 

Well the £809 is just charges as I used the spreadsheet but see it calculates "overdraft Interest" so I don't want to add this and end up with a claim thats not correct.

 

Had about £60 of interest to add

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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garyhay

garyhay

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The Halifax are now sending me letter (the account is £195 overdrawn) saying that they will remove my OD facility as I have not paid in a monthly sum (got a new account) and that was part of the agreement.

 

They must have agreed that with themselves as I can never remember having any conditions attached when I opened my account 12 years ago. Guess they know I am now fighting for my money back and are clutching at straws.

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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Giveitback

Giveitback

Posted
Posted

I got something similar the other day actually. just saying that there has to be monthly income to the account to have an overdraft and..wait.. let me get the letter...

 

Very standard letter.

 

It has my name on it, and the title Mr, but starts 'Dear Sir/madam'

 

We have recently taken the opportunity to review your account and note that from our records that there have been no credits for the last month.

 

We would like to advise you that under the conditions of your account, a monthly salary or similar payment is required. Until recently we have not endorsed this condition.

 

In order to retain your OD facility, it will be necessary for you to fund your account on a regular basis. please make a payment within 14 days.

 

I think they're just trying to make life a bit tougher for us. Lucky me, they paid half of my claim in just recently. So that's a credit!

 

Court on Thursday!

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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buzby

buzby

Posted
Posted
The Halifax are now sending me letter (the account is £195 overdrawn) saying that they will remove my OD facility as I have not paid in a monthly sum (got a new account) and that was part of the agreement.

 

They must have agreed that with themselves as I can never remember having any conditions attached when I opened my account 12 years ago. Guess they know I am now fighting for my money back and are clutching at straws.

 

 

So if you don;t dispute their interpretation, it somehow becomes enshrined as 'fact'? Sneaky. Incidentally, if you opened your account 12 years ago, there was probably no permission requested to release details to CRA's, might be worth checking to see if the have and pursue them for DPA failings too....

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garyhay

garyhay

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Arrived home to a standard letter "We will deal with this within 4 weeks" letter which was accompanied by a complaints leaflet that the letter contradics because the leaflet says that if they can't deal with a complaint within 24 then they will tell me who is dealing with it. All they have said is a Customer Services Manager will deal with my complaint.

 

As they have given themselfs 4 weeks and I gave them 2 I will now just send my Letter Before Action (LBA) no point hanging around

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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Giveitback

Giveitback

Posted
Posted

I'd stick with the 2 weeks you gave them, just to make sure everything you do is particularly clear. But then that's how I do everything anyway..

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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  • 3 weeks later...
garyhay

garyhay

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Got an offer today £523.00 Going to do some maths see if I can work out how they arrived at that figure.

 

Also have a number to call so might call and say I accept the offer but only if they agree to swallow my overdraft -£190 and close the account. That will be the same amount as I am owed (almost)

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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  • 2 weeks later...
garyhay

garyhay

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Still to file the court papers.

 

I did work out that the difference in what they have offered is what the charges would amount to if the charge was £12.00 per item.

 

Could this be a new ploy to save the banks giving back all the money?

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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  • 1 month later...
garyhay

garyhay

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Sorry have been lazy and done nothing for a few weeks.

 

 

Was just about ready to file courts papers when I got a letter from Halifax saying that I never responded to thier original £500+ offer.

 

I called then today and had a wee chat with them then directly asked if they would move on the original offer. I was asked if I woul move and said I would accept that £4.00 was a resonable charge so they/I agreed to settle for £740, which is £69.00 less than I asked for and in my opinion fair.

 

I will let you know when I get the cash.

 

It does appear that banks are willing to settle without the need for court. Just take note that I should have said £2.50 was a fair charge as this reflected the cost to the bank but I stupidly used the £4.00 cheque figue. You live and learn

 

Good luck everyone

BRING ON THE HALIFAX

  • S.A.R - (Subject Access Request) Sent to Halifax PLC Recorded Delivery 21/09/06
  • 12/12/06 Still no S.A.R - (Subject Access Request) details so called and was told they would look at this next week
  • 28/12/06 Horray details recieved
  • Prelim request sent 8/01/07
  • LBA sent 12/01/07
  • Offer letter received 30/01/07
  • Upped Offer of £740 accepted

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