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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.

Malcyme v Lloyds tsb

malcyme

By malcyme
in Scotland Banks & Finance

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kingliam

kingliam

Posted
Posted

Hand delivered to a Local Branch is a good bet, their systems are linked so it should not matter where you send it too, you'll still get your statements.

Kingliam

:!:

 

On behalf of the Ginger one

Lloyds TSB - 1ST 12/07/06-LBA 26/07/06-MC-14/08/06-Court-31/01/2007

Halifax - D P A 02/10/06

On behalf of MumKing

Barclays Bank D P A 29/08/06

 

On behalf of DJ Sunny

Alliance & Leicester D P A 29/08/06

 

On behalf of GrandmaKing

GE Capital D P A 30/10/06

Barclays Bank D P A 30/10/06 - 1ST 15/11/06 *Microfiche [problem]

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GaryH

GaryH

Posted
Posted

Remember to get it signed for!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Does'nt matter, just the bank will do. Obviously you need to take the £10 fee with you and make sure they understand that they need to forward it to the relevant department. Like I said before, its important you get it copied and signed, or else some other form of receipt. The 40 days start ticking as soon as you hand it over.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Yep, thats fine.

  • Confused 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

Posted
Posted

Good stuff. Lloyds don't usual mess about to much with the SAR's, you should get it within 3 or 4 weeks. If not, send a 'nudge' letter.

 

Keep us informed.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...
malcyme

malcyme

Posted
  • Author
Posted

Right folks got all the information I needed from TSB on Friday there. About three months worth of statements were missing but they had included a list of the charges for the period that was missing so that was alright.

After toting everything up they are due me (trumpet fanfare) 1275 pounds.

Sorted out my preliminary letter and sent it away today recorded delivery, just have to sit back and await their "we don't care" letter.

S.A.R. Handed in 9/11.

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  • 4 weeks later...
malcyme

malcyme

Posted
  • Author
Posted

Right folks a little update. Got my "we don't care letter" from Lloyds TSB on the 28th but due to it coming up to New Year at the time I thought I would wait to send my second letter. Going to post it tomorrow morning.

 

 

Cheers Malcyme.:)

S.A.R. Handed in 9/11.

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  • 2 weeks later...
malcyme

malcyme

Posted
  • Author
Posted

Good news people, I got a nice letter from the bank this morning. It said that they think that their charges are fair but in this instance they are willing to pay me back £750.........RESULT.

Now obviously I am going to claim the rest back as well but I don't know how to go about it.

Should send them a letter saying that I will accept the payment as part payment and that I want the rest payed to me or should I just go straight to the court stage as they stated on the letter that that would be their final correspondence on the matter.

 

All views and help on the matter would be greatly appreciated..

 

Thanks Malcyme

S.A.R. Handed in 9/11.

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GaryH

GaryH

Posted
Posted

Send this then carry on with exactly the same timescale as before - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Giveitback

Giveitback

Posted
Posted

summary cause is pretty much the same as small claims. There's more info here on exactly what to do with it, and the only thing I can think of is that its a different form, although it looks the same excpet for the title.

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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Giveitback

Giveitback

Posted
Posted

At what stage are you? You should always plan that you're going to court. I'm expecting to be there on Thursday for the second part of my claim, although the bank's lawyers don't seem to have any intention of being there.

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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malcyme

malcyme

Posted
  • Author
Posted
Send this then carry on with exactly the same timescale as before - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Thanks Gary. There wasn't anything to send back to the bank with the letter that they have sent me so I think that they are just giving me the money back with no conditions attached. So what I am going to do is wait until I have the money in the bank then send them the letter that you have given me the link to with a few changes to it and go on and claim the rest back. I will post the letter they sent me tomorrow for everyone to see.

S.A.R. Handed in 9/11.

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malcyme

malcyme

Posted
  • Author
Posted
At what stage are you? You should always plan that you're going to court. I'm expecting to be there on Thursday for the second part of my claim, although the bank's lawyers don't seem to have any intention of being there.

 

 

I did plan to go to court but didn't expect them to send me that letter giving me some of my money back, that's what threw me a bit. I wasn't sure how to go about it after they sent me the letter but I've got it sorted now. It's going to make it easier for me now though because now I can just do a small claim instead of doing the summary cause.

S.A.R. Handed in 9/11.

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Giveitback

Giveitback

Posted
Posted

right, I see how things have gone for you now, and you're right, it's all a bit wierd!! Check that they don't nick the money back off you though!

 

Can't be trusted...

 

Bonne chance

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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malcyme

malcyme

Posted
  • Author
Posted

Was just wondering if anyone else had recieved what seems to be the standard offer from LTSB and if so how long did it actually take for them to credit the money into their account?

S.A.R. Handed in 9/11.

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  • 2 weeks later...
malcyme

malcyme

Posted
  • Author
Posted

Hi folks got a problem here.i got the money that the bank said that they would give me but due to unforeseen circumstances I didn't get a chance to send them aletter saying that I would only accept it as part payment nd because of what has happened the 14 days I had given them before I went to court was upon the 18th jan.

 

So should I send them a letter only accepting the money as part payment and carry on with my claim as normal or should I send them a letter accepting as part payment and give them more time or just not bother sending them aletter at alland just carry on with my claim.

 

All input would be helpful.

 

Cheers, Malcyme

S.A.R. Handed in 9/11.

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stevokenevo

stevokenevo

Posted
Posted

I have a feeling you'll struggle to get anything else out of them with this claim, if you can account for the charges they have reimbursed, you could start over and reclaim the rest i.e send them a prelim letter with a schedule for the rest of the charges you want back, then an LBA.

Hope this helps unless anyone knows any better!?!

 

Good Luck

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