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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.

advice about claim

msneddon

By msneddon
in Scotland Banks & Finance

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msneddon

msneddon

Posted
Posted

I have posted on the Abbey site but so far I am still not sure sure if I should be claiming my branch or English based head office. I would also like to know if I should claim in amounts of 750 and do court fees be included in this amount or do they get added on over and above. £1867 is the amount I am owed.Sorry if I have missed the answers to any of these questions

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gb050573

gb050573

Posted
Posted

I too would be interested in the answer to this post. I have also posted on the Abbey forum but am in Scotland. It seems as though from what I have read so far that it may be better to take them to court in their 'own patch' as it were. I think people have had success using both methods?

Demand letter sent 28 Apr 06 for £1642

Fob off letter received from Abbey 11 May 06

LBA sent 12 May 06

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  • 1 month later...
give_me_it_back

give_me_it_back

Posted
Posted

Hi there! I have been searching for fellow Abbey Scots! Can we please add each other to the buddy lists (although I'm not actually sure how that works!), as I too need some hand holding.

 

I have been asking, and so far have the following information (all from the very helpful Woolfie)

 

My understanding is that to file a claim in England you must have an address in England. Now I am fairly sure this can be a friend or relative as long as you have someones address for them to serve papers.

 

The main benefit of using the County Court is that the small claim limit is £5000 a huge jump from the £750 in Scotland. If your claim is for less than £750 then I dont think there is any real benefit at all.

 

Also you can sever or split your claim to keep it under the £750 threshold in Scotland if that suits you better.

 

 

As far as I can understand up here in Scotland the situation is that if your claim is for over £750 to one bank then you are advised to split up or sever the claim. Then you go through the court process with one claim at a time waiting till you get your money for the first claim before starting the second.

 

This is because if you were to run several claims concurrently then there is the possibility that the bank would try to consolidate them which would then take you over the £750 limit and out of the small claims track.

 

Now the general opinion is that the bank is still unlikely to fight the case but the danger is that once you are out of Small Claims then every thing has to be done correctly and if you made a mistake the bank could get the case thrown out of court. You would then potentially be liable for costs etc.

 

If you do a forum search on the word 'sever' there is a lot more information.

 

 

Does that help?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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give_me_it_back

give_me_it_back

Posted
Posted

Also see this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6077&highlight=abbey+scotland

 

For some helpful advice.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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give_me_it_back

give_me_it_back

Posted
Posted

Thanks very much for that. Hope all is progressing for you, and that you don't have to face the 'Haddington Horror' again soon!!:D

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 12 years later...
msneddon

msneddon

Posted
  • Author
Posted

This topic was closed on 10 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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Thread Locked

because no one has posted on it for the last 6569 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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