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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.

Wonga. com confused

Dj-Dan87
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Dj-Dan87

Dj-Dan87

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Hello there I currently have a repayment plan with wonga which I have been making regular weekly payments and I'm actually nearly finished paying.

 

My problem is I think I'm overcharged by them I borrowed £485 and the grand total I have to pay back is £1027.50!!!! Is this legal? I do have about £40 in late fees added to this. I have spoke to them on the phone but I couldn't make head nor tail of what they told me.

 

When I asked why I had to pay so much they said the original amount before late fees were added I owed was roughly £587.50 but they say they added 1% interest per day for 60 days to get to the figure of £1027.

 

Can they do this? I don't really know if they can? It seems like an awful lot to pay for a £485 loan. To date I have paid amount £950 back to them, but I've decided to query this matter.

 

Any help would be great on this matter

 

Thanks in advance.

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renegadeimp

renegadeimp

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Can you give more info on the loan? It sounds like you are being charged multiple rollover interest amounts. In any case, you really shouldnt repay them more than £1 a month unless they are wiling to stop interest and charges on the account.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Dj-Dan87

Dj-Dan87

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Yes sure I originally borrowed £100 then I topped it up 4 times by £150, £115, £60 and another £60 over a 2 week period from when I borrowed the original £100 which I was supposed to back after 30 days but at the time I was gambling heavily and was stupid :(

 

The amount I have to pay back could be right for all I know it just seems to be quite a lot when you look at how much I've actually borrowed and the amount I'm paying back. I just thought I'd check it out and I found this site a while ago and it's helped me before from just reading other people's posts.

 

Thanks

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renegadeimp

renegadeimp

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I want to know why they have charged 1% per day over 60 days. Why the 60 days?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

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Just because its in the t&c's doesnt make it fair or lawful. If I were you I would contact the fca and get their opinion on wonga adding 60 days interest for absolutely no reason at all.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dj-Dan87

Dj-Dan87

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Ok thanks for your help and advice. Do you know how I would be able to contact the fca? Should I contact wonga again about it? Or would it be best to see what the fca say about it?

Thanks again :)

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renegadeimp

renegadeimp

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In MY opinion, i would contact the FCA. I don't see how they can charge an arbitrary 1% interest per day, for 60 days for no reason at all. Also, i've read a few things about wonga changing their contracts. Perhaps have a read of http://www.fca.org.uk/consumers/protect-yourself/unfair-contracts and see if theyve done it to you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Dj-Dan87

Dj-Dan87

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I think they may have changed the contract. I have contacted the fca via email and I got an automated reply saying it could take 12 days to hear back from them, I'll post on here when I found out to let you know the outcome!

Many thanks

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