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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.

Advice please...Debt Management - DPA Breach

benjwg1

By benjwg1
in Debt Management Plan Companies

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benjwg1

benjwg1

Posted
Posted

Hi,

 

Really concerned.

 

I wont say who I have the DMP with but they are one of the most popular and talked about DMP's that carry a small charge.

 

Anyway.

 

Some stupid advisor or whoever was on their email system, decided to send a group email.

 

the DMP sent the group email saying thank you for being customers etc etc. the stupid thing is, they copied in the entire contact list.

 

So the DMP, sent an email to all their customers but did not blind copy, they have openly shared all of our email addresses with one another.

 

I have since received emails from countless people on DMP's with this same company, from their personal email address as they have seen my email address from the DMP company.

 

They all now know I am on a debt management plan, we normally all use first and last names on emails so it says my full name, address and states that I am on a DMP.

 

What can be done here? what should be done here?

 

This is obviously a breach of the data protection act but who is to blame? who should people complain to?

 

Thanks.

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silverfox1961

silverfox1961

Posted
Posted

Hi

A dual complaint should be made here. One to the DMP company and one to the Information Commissioner.

This could be classed as a serious breach and as such the ICO would probably act on it

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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benjwg1

benjwg1

Posted
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Posted

I have already made the complaint to my DMP.

 

depending on their response / resolution I think will determine if i contact the ICO / DP Commissioner.

 

Do let me know if you think I should send the other even if I have not received a response from the DMP.

 

I will also be posting on their review page, what has happened.

 

Thanks.

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silverfox1961

silverfox1961

Posted
Posted

If you don't contact the ICO, the dmp company may not take your complaint seriously as they will think they got away with it. Your choice of course.

The ICO won't name you if that is what you are worried about (but make sure that you remain anonymous)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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silverfox1961

silverfox1961

Posted
Posted
10 emails from my DMP's clients and counting.

 

these also need forwarding to the ICO

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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benjwg1

benjwg1

Posted
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Posted
If you don't contact the ICO, the dmp company may not take your complaint seriously as they will think they got away with it. Your choice of course.

The ICO won't name you if that is what you are worried about (but make sure that you remain anonymous)

 

Thank you for the help

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silverfox1961

silverfox1961

Posted
Posted
You say that you are getting emails from other clients. In what context ?

 

These are probably replies to the dmp company but as the original email came with cc contacts, any reply will go to all those named on the original email

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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