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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.

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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.

DPA Letter sent 18th April

rogerebaker

By rogerebaker
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rogerebaker

rogerebaker

Posted
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One of many actions started on behalf of my skint kids. My daughter tells me it isnt much but shes said that before. She said it wasnt much when she bought a DK Handbag for 200 quid.

 

Sounds like smile are a bit more reasnoble than some of the others, hope to be celebrating soon.

7 actions in progress

 

amount refunded so far £6500

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caro

caro

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Clock's ticking. Any news?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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rogerebaker

rogerebaker

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Initial approach for payment letter sent 30th May, its only 200 GBP but its not theirs so I want it back

 

Smiles response was a letter threatening to deafult on a overdraft balance of 50 quid. This was a number of service charges added to the account after it was closed in November. It even states on the customer contact log that My daughter rang in November cleared the balance and closed the account.

 

I have sent them a letter reminding them of S13 / 6 of the banking code regards disputed accounts and also that if any inaccurate deatils are passed to a credit reference agency I will inform the IC.

 

Ive given them 7 days to do that.

7 actions in progress

 

amount refunded so far £6500

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rogerebaker

rogerebaker

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Another threatening letter received on the 12th June regarding the £56 they have added to the account as the monthly service charge since it was closed in November.

 

The really annoying thing about this is it clearly states on the customer log which they provided me with, that the account was cleared and closed in November and I have informed them of this twice by letter.

 

Decided to ring the author of the letter. She apologised and promised to refund the £56 without delay.

 

Another letter in response to the LBA arrived today stating they were looking into my complaint

7 actions in progress

 

amount refunded so far £6500

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rogerebaker

rogerebaker

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On the statements Ive noticed a credit for £200 in November. My daughter cant remember if she paid this in or it is a refund of charges.

 

If anyone has had a refund of charges onto their smile account how is it recorded ? does it say refund ?

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amount refunded so far £6500

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caro

caro

Posted
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Unless she asked for them I would be surprised if it was a refund of charges. I don't think this whole thing was happening then.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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rogerebaker

rogerebaker

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She did ring up in about August after the had 195 GBP of charges lumped on her account in one hit. The operator stated they would refund the charges but only if she paid off the balance in full that day which she couldnt do.

 

There is no other entry on the customer log at all regarding this but a credit for 200GBP in November. the charges are 195 so its not the same. The customer log is very comprehensive so I would have thought it would have been mentioned

 

My daughter cant honestly remember if she made the credit or not.

 

Im reluctant to ask Smile as I rather think they will take the opportunity to claim it was a refund but I may have to so I dont make an error.

7 actions in progress

 

amount refunded so far £6500

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caro

caro

Posted
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Just ask them what this credit is for. I don't think they would dare to lie about it, and I don't think they would pay a nice round £200 if she asked for £195.00 refund. The timescale doesn't seem right either. The more I think about this the more inclined I would be to claim the £195.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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talula

talula

Posted
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Another threatening letter received on the 12th June regarding the £56 they have added to the account as the monthly service charge since it was closed in November.

 

The really annoying thing about this is it clearly states on the customer log which they provided me with, that the account was cleared and closed in November and I have informed them of this twice by letter.

 

Decided to ring the author of the letter. She apologised and promised to refund the £56 without delay.

 

Another letter in response to the LBA arrived today stating they were looking into my complaint

 

they seem to have a thing of not closing accounts and then sending them overdrawn. the same thing has been happening with my co-op pathfinder account for 6 months now.. ive asked for it to be closed at least once a month and have been promised it would be, charges have been wiped, then they're reapplied each month...

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  • 2 weeks later...
rogerebaker

rogerebaker

Posted
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Letter today.

 

Smile credited account with 220 refund of all charges

 

25 more than I was claiming.

 

Only a small one but still well pleased after only priliminary letter

 

Survey completed

 

donation to be made

 

6 to go

7 actions in progress

 

amount refunded so far £6500

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caro

caro

Posted
Posted

Nice result. Well done and thanks for the donation.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...
rogerebaker

rogerebaker

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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amount refunded so far £6500

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