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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.

University

Joa

By Joa
in Other Institutions

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Joa

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Hi folks. I am buoyed by my experience of claiming charges from my bank and want to try it on with our university. I am a student adviser and the university is charging a re-registration fee of £175 to every student who is late with paying tuition fees and gets de-registered. This re-registration fee is not described as a penalty but it strikes me as unreasonably high just for putting student’s name back on the register. I have asked finance people what is this fee for- exactly, but surprise surprise no replies. What angle would work best? Unfair penalty? But how could I persuade them that even if they "dress it" up as fee, it’s still a penalty? Also, students do not sign any kind of contract, by which they are obliged to pay tuition fees instalments on time, so non-payment or late payment doesn’t qualify as breach of contract.

I am telling you, educational institutions are as greedy as banks!

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Neo

Neo

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Is it the university itself or is it a financial institution. If it is not a financial institution then you may not be able to use the argument that they unfair.. with any legal backing.

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Joa

Joa

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Universities in UK (except private ones) have a charitable institution status. With regards if it's a private institution, it's THE big questions raging in a small world of education specialists. I must say I am crestfallen at the possibility that as it's not a financial institution, I may not be able to rely on a "unfair penalty" argument.

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Neo

Neo

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Maybe you cannot reply on the unfair charges argument at law, but there would be no harm writing a letter to them stating that you think it is unfair, etc. Ask them to explain their costs in writing and see what happens.

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Joa

Joa

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They refer to it as a "fee". That's all. And I did try to ask nicely, played "wide-eyed" innocent etc. It would be sooooooo good to force them to lower this "fee". 175 quid for a student is a huge money. Being nicey nicey doesn't help.

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Joa

Joa

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This topic was closed on 09 March 2019.

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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