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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.

Lowell chasing old Tesco Mobile debt - **Resolved**

louisiana

By louisiana
in Telecoms - mobile or fixed

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louisiana

louisiana

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Hello, 

I had a tesco mobile monthly contract and accidently broke the phone beyond repair. I phoned tesco and asked if they would consider letting me pay off the remaining balance of the handset and waiver the remaining minutes as they wouldn't be used. 

 

The lady on the phone said yes that's fine we will send you a final invoice to pay. Received invoice which was £68. Called, paid, account closed no further monies owed all good.

 

Until a while later I get a letters from Lowells DCA saying I owed Tesco £269, and to my absolute horror there is an unpaid default of £269 on my otherwise good credit rating, and now destroyed it.

 

Tesco say the staffing should have told me I'd get a default for settling this way, and they can see I was not told.

I said no i wasn't and if I'd been given that choice I'd have carried on paying monthly.

Tesco say there is nothing they can do now, 

i just can take on board that they agreed to let me close the account early which they had no obligation to do and be grateful (got this in writing).

 

Furious, i write a letter of complaint and get a phone call from a member of staff who promises to sort it out with Lowell and ask themselves to remove the default. Months later the default is still there, unpaid.

 

Every time I speak to Lowell they say they have heard nothing from Tesco and can't do anything until they hear from them and will continue to send me letters chasing payment and will leave the unpaid default on my credit rating until they hear otherwise.

 

Tesco are saying there is nothing they can do as they HAVE told Lowell and they are not actioning the request.

 

I am stuck in the middle of these 2 companies pointing them finger at each other whilst my credit rating is wrongly sat there ruined.

 

Please can someone help as clearly I need to complain higher about both companies and someone higher needs to tell them to get their act together but who?

 

I've seriously contemplated contacting Martin Lewis!

This has been going on for 2 YEARS now,

 

please can someone help?

 

Thank you so much. 

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louisiana

louisiana

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Posted

I have a online chat with tesco that I've kept and that is where they say yes they can see I should have been advised about the default and wasn't but can I take on board that they let me close my account early instead. Does that help? 

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  • dx100uk changed the title to Lowell chasing old Tesco Mobile debt
louisiana

louisiana

Posted
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Ok will do.

Can I ask how the ICO will assist?

I'd never heard of them before and looking at their website they deal with breaches in security/data etc.

What has been breached that would give them cause to review my case please?

Thank you 

  

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  • 1 month later...
louisiana

louisiana

Posted
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Well thank you for your help, I sent the letter to Tesco asking for an SAR and received a voicemail from them saying they were looking into it. Lo and behold I check my credit file this new month and the default has gone and the account says paid and closed. After 2 long years back and forth suddenly its done just like that!. 

 

Thank you for your time 

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  • AndyOrch changed the title to Lowell chasing old Tesco Mobile debt - **Resolved**
louisiana

louisiana

Posted
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Posted

I'm going to send a letter saying I will not settle for less than £500, and add the points you have mentioned. I have nothing to lose after all. What's is the worst they can say - No jog on love? 

 

 

Thanks 

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