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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.

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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.

stacey777 -v- ulster bank

stacey777

By stacey777
in Other Institutions

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stacey777

stacey777

Posted
Posted

I have sent my SAR (subject access request) on the 26/10/06.:lol:

 

I have counted up charges of statements for past 4 years:lol: and so far i am owed £544 :mad: the 2 years i dont have 2000/2002 were 2 bad years and i reckon at least another £300 in charges:mad:

 

 

If you have a quick ? that you need answered I found the chat room very helpful.

 

Will keep you updated.

Practical and exciting. The Consumer Action Group, it wont let you down.

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stacey777

stacey777

Posted
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thanks stitch for your reply:cry: . I have already sent my SAR. (Subjest Access Request) so no need to estimate.

 

As the years 2000/2002 were really bad i will wait to get the statements.

 

Could maybe be owed £1000's (i wish).

 

Will keep you posted as to whats happening

 

blessings stacey;)

Practical and exciting. The Consumer Action Group, it wont let you down.

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smcgall

smcgall

Posted
Posted

Hey Stacey777

 

I will track your thread and suggest you do same with mine

 

watching with interest

 

Stuart:)

If I have helped then please click on my scales.

 

Ulster bank

---------------------------------------------------

05/10/06 DPR letter sent

06/11/06 Request of repayment sent £1186.06

20/11/06 Repayment deadline

21/11/06 LBA sent

25/11/06 £90 goodwill gesture letter received

06/12/06 LBA deadline

09/12/06 Received final response to claim

I will register smallclaim in new year once Jan paycheque is in.

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stacey777

stacey777

Posted
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hi stuart

 

Will have a look at your thread. Have you noticed that there are no posts of anyone having been payed back. I read somewhere that when they pay, you have to sign something to say youll keep quite.

 

:D blessings stacey

Practical and exciting. The Consumer Action Group, it wont let you down.

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LordPringle

LordPringle

Posted
Posted

Apparently they make you sign confidentiality agreements. I have been telling myself that I won't sign mine. Are they prepared to go to court over all of this, risk the publicity and bad press, over a confidentiality agreement? I don't think so.

Northern Bank Ltd.

19/08/06 - Data Protection Letter Request.

26/09/06 - Statements received (October 1999 - September 2006).

13/10/06 - Letter requesting refund of £643 charges sent.

30/10/06 - Letter Before Action sent.

13/11/06 - Refund of £224 Offered. Offer Refused.

11/12/06 - Court Claim filed against NB.

21/12/06 - SETTLED IN FULL - £784.36.

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smcgall

smcgall

Posted
Posted

Hey Stacey

 

There aren't many, but i think its up to us to refuse to sign any

 

contract that limits our rights. After all its our money we should get it back on

our own terms.

 

Stuart

If I have helped then please click on my scales.

 

Ulster bank

---------------------------------------------------

05/10/06 DPR letter sent

06/11/06 Request of repayment sent £1186.06

20/11/06 Repayment deadline

21/11/06 LBA sent

25/11/06 £90 goodwill gesture letter received

06/12/06 LBA deadline

09/12/06 Received final response to claim

I will register smallclaim in new year once Jan paycheque is in.

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stacey777

stacey777

Posted
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I would like to have the nerve not to sign but i think i would be afraid not to get money back:mad:

 

However if you see me going to the stage of small claims and not getting any more posts then youll know what has happened. ;)

 

I havent received a confirmation letter form the ulster. Do you know if they leave you to the last minute???:confused:

 

Stitcher I dont know if this confidentiality applies to English banks.

 

Ben to win X Factor:)

Practical and exciting. The Consumer Action Group, it wont let you down.

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johnspeehs

johnspeehs

Posted
Posted

hi stacey

so far the ulster seem to be paying up without going to the last minute so fingers crossed for you.have you had nothing at all back from them ,not even a polite sod off. i would keep the ball rolling and send a letter asking for your charges back and if they havent sent you your info put in a generous guestimate,that should get a response.

regards john.

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lickthewallfatboy

lickthewallfatboy

Posted
Posted
:) Is that only in NI cos halifax never did that with me

 

no-they are legally incapable of being enforced full stop.......think about it-they are trying to get you to agree not to tell anyone that you got your own money refunded to you which was unlawfully appropriated in the first place!!

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stacey777

stacey777

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thanks john

 

No i havent had a reply but i have heard of some people that have nt had a response right up to the last minute:)

Practical and exciting. The Consumer Action Group, it wont let you down.

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stacey777

stacey777

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ok stacy. when are your 40 days up? if you are sure they have recieved your S.A,R then they should reply before then. did you ring and ask about it?. you wouldnt want to wait just for them to say they never recieved it.

regards john.

 

 

yes i have just today recieved a very polite letter from the ulster. Stating they will have quite a bit of work to compile all the statements.

 

They said that they will have all the statements back by the time peroid ive given them(40 days which is up on the 7dec).

 

Oh yeah and they want me to know that i should not hesitate to telephone there manager:rolleyes: re anything to do with charges to my account:rolleyes: .

 

No way am i ringing them ill just send the next template letter im not getting into any conversations were they can blind me with "facts" and "figures".

 

:)

Practical and exciting. The Consumer Action Group, it wont let you down.

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stacey777

stacey777

Posted
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Posted

I was sent a letter from the ulster saying that my account number was wrong. I have had a few account numbers over the years im sure of the one they say is wrong.

 

I reckon there going to say they cant trace my statements if im not sure about account number but i know that they can give me statements on all my banking history.

 

anyone got any advise.:o

Practical and exciting. The Consumer Action Group, it wont let you down.

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Inspector_Clouseau

Inspector_Clouseau

Posted
Posted

Hi Stacey

 

Seems a stalling tatic if they have your name and address they will be able to find all your accounts asuming you haven't moved a few times. Keep at it and don't sign anything I don't see why you have too unless they have something to hide? I wish you the best of luck

 

Insp C

  • Haha 1

Abbey - £1100 - Court 18/05/07 - Won in Full 12/05/07

First Direct - Next (pending as 6+ years)

MBNA - PPI charges - S.A.R - (Subject Access Request) Started 10/05/07

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stacey777

stacey777

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Dear Stitch

 

yes i have just modified the S.A.R letter and not included any account numbers so they will have to send them all.

 

I dont know weather this is wright but i have given them 40 days in which to comply from the original date and they only have about 10 days left to reply.

 

Would that be correct

 

TA Stacey

Practical and exciting. The Consumer Action Group, it wont let you down.

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stacey777

stacey777

Posted
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i have just recieved a letter form the ulster saying that they have the statements ready for collection at the branch i was thinking would it be a good idea to not accept them until they have all the statements.

 

They may think that im going to accept that but i know that the other statements contain loads of charges and they dont want to give those out.:mad:

Practical and exciting. The Consumer Action Group, it wont let you down.

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stacey777

stacey777

Posted
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oh ok stitch never thought of that, Your right but remember long runs the fox;)

 

Bank has just sent letterto say 1 set of statments are ready for collection but i dont know weather to get them or i could split them into two different claims:confused:

Practical and exciting. The Consumer Action Group, it wont let you down.

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smcgall

smcgall

Posted
Posted

Hi Stacey

 

I would personally take them as you get them, because you can now start proceedings on what you have available, and can always have a second bite at the cherry.

 

Stuart

If I have helped then please click on my scales.

 

Ulster bank

---------------------------------------------------

05/10/06 DPR letter sent

06/11/06 Request of repayment sent £1186.06

20/11/06 Repayment deadline

21/11/06 LBA sent

25/11/06 £90 goodwill gesture letter received

06/12/06 LBA deadline

09/12/06 Received final response to claim

I will register smallclaim in new year once Jan paycheque is in.

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stacey777

stacey777

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Thanks Stuart for advice and info thats what ive decided to do,i collected statements yesterday and intend to proceed with these.

Will keep you posted .

Stacey

  • Haha 1

Practical and exciting. The Consumer Action Group, it wont let you down.

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