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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.

Shovey V Ulster Bank

shovey

By shovey
in Other Institutions

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teeny

teeny

Posted
Posted

Ok thanks for that info much appreciated. Could you also clarify this point for me if poss, when you r charged £30 do you claim back the full £30 cos I claimed back from Adams store card for late payments of £20 a time and they did refund me an amount stating that this was the difference between their charges and the OFT guidelines of £12, in otherwords they refunded me £8 for every £20 charge. Wot do u think?

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teeny

teeny

Posted
Posted

Oh thanks a million ure a cool dude.

 

No doubt I will be in touch again for more help as I am just waiting till wages come in next week to make a claim online aganst Ulster Bank.:lol:

 

They bettr watchout:grin:

 

Chat soon

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TheNorthernWarrior

TheNorthernWarrior

Posted
Posted
You claim back the whole £20 per charge plus interest at the compounded rate they have charged you at, from the date the charge was imposed.

 

Use this compound interest calculator to do this or use the spreadsheet provided by vampiress.

 

Compound interest calculator

Hi noomill060, I've just started a claim against the Northern. What's this about compound rate? I don't understand it at all. I just tried it with the balance of all my charges £2777.00 with an annual rate of 15% ( not really sure if that is the case with the overdraft) and came up with a whopping big balance of over £7,000.00. Does this replace the 8% int. I'm sure i've done this wrong. There's no way, i could have that owed. I have only added on the8% stat.interest to my charges 'cos i didn't know how to do the contractual. My thread is nervous v northern bank

nervous.

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noomill060

noomill060

Posted
Posted

Hi nervous, if thats what it is, thats what you tell them you want back.

 

And yes, if 15% is the rate they charge you on that account, that rate replaces the court rate of 8%. get the Small Claims guide from your local court.

 

It says you may charge 8%, UNLESS the contract states a different % rate.

 

In other words, in your case, you can only claim 15%!

 

:D

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TheNorthernWarrior

TheNorthernWarrior

Posted
Posted
Hi nervous, if thats what it is, thats what you tell them you want back.

 

And yes, if 15% is the rate they charge you on that account, that rate replaces the court rate of 8%. get the Small Claims guide from your local court.

 

It says you may charge 8%, UNLESS the contract states a different % rate.

 

In other words, in your case, you can only claim 15%!

 

:D

noomill060, are you with the ulster or northern. I'm still not sure what the interest is. Do i go back to six years ago, or do i take it on what the northern is charging us now for an overdraft facility?

nervous

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cg56

cg56

Posted
Posted

Had a Ulster Bank Account about 3 4 years ago they gave us a hard time and i remember having to pay a lot of charges both on our cheque account and also on our credit card.

Do you think i can start a claim process now i still have most of the ststements

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TheNorthernWarrior

TheNorthernWarrior

Posted
Posted
Had a Ulster Bank Account about 3 4 years ago they gave us a hard time and i remember having to pay a lot of charges both on our cheque account and also on our credit card.

Do you think i can start a claim process now i still have most of the ststements

Hi cg56, yes you most certainly can claim. You can claim as far back as 6 years. All you have to do is to request your 3/4 yrs bank statements by written letter ( read the templates already done in the FAQ) . you have up until 40 days to receive them, if not satisfied, go an estimate of the charges that you are aware of and submit them in your Prelim. letter, again read the template guide, it is all there for you to copy! Any other queries, read my thread nervous v northern, shovey v ulster or lickthewallfatboy v northern ( he won not once but twice and is really helpful, he's helping me a lot as are an awful lot of others) This is a brill site and EVERYONE is so helpful and they really do guide you as well. Try and start your own thread and keep people informed of your progress. Now, go and get them!

nervous.

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paddym

paddym

Posted
Posted

Folks i think Shovey may have got settlement but the Ulster Bank use a confidentiality clause as part of their settlement and icorperate into their letter an agreement not to sue them again of course both of these clauses are unenforceable as you and i all know the banks dont want to go to court however when people are offered a full refund under those circumstances they will agree to them because they are so excited about getting their money back that they thought they would never see again so you can see their point in agreeing to these conditions but if it were me i would do the same as we all did with the woolwich tell them we dont agree with their conditions and if they dont allow us to remove them then we will see them in court ! anyway Shovey if you did get settlement good luck well done spend it wisely and dont be a stranger !

if my advice has been of any help to you then please click the scales ! Thank you :D

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