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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.

Bovvered's bro and sil v Sainsbury's Bank

Bovvered

By Bovvered
in Other Institutions

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Bovvered

Bovvered

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Ok they sent the Subject Access Request to them last week and got a reply from which I quote:

 

Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific. In the interests of customer service we will provide a list of your charges for the last six years free of charge. I therefore return your cheque for £10 with this letter.

 

I understand that you would like to receive information about specific transactions. We are under no statuary obligation to record the information you require and thus are unable to comply with this part of your request.

 

 

The problem with this is that if they say 'ok send us the statements for free' they could take weeks and weeks to do it. How come this request is too difficult for Sainsbury's bank? Should they say to them 'ok send us the statements under DPA?' and re-send the £10 thus protecting themselves time-wise to the 40 days?

 

 

 

Anyone else had experience of Sainsbury's Bank in this?

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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Spiceskull

Spiceskull

Posted
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I would say happy to receive statements, but the request is still a SAR, subject to DPA rules. Don't let them wriggle out of their DPA responsibilities...

 

Whilst you are at it, you might want to cause mischief and ask for all transaction history held on their Nectar card too...don't forget, there is a transactional relationship between Nectar Cards and Sainsbury's Bank/Visa cards...they gather 'shopping habit' data which is sold on to third parties...

 

And before anyone says it, I am fully aware that Nectar is owned/operated by LMUK. However, the link is still valid, as Sainsbury's Bank data is supplied to the Nectar data tables, and is therefore specific to the Sainsbury's account.

 

:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Bovvered

Bovvered

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Oh what would we do without buddies who know lol!! Thanks Spice :D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Spiceskull

Spiceskull

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Actually, the point about the Nectar Cards applies equally to all Barclaycard and Debenhams Store Card holders as well...I might discuss this with BF and make a sticky...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Bovvered

Bovvered

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Yep - good idea - it's amazing what they know about us - when I got my SAR back from Cap One it had details about what newspaper I like etc - loads of incidental stuff....quite scary actually

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 4 weeks later...
Bovvered

Bovvered

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Well they supplied statements but missed out several months, well about 18 months and not even consequutive ones at that, so I sent them that groovy letter in the library about incomplete supply of information from DPA request, and got a very apologetic reply just days later, complete with the missing statements, and you guessed it, another £300 odd in charges!

 

Prelim being prepared as we speak....

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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  • 12 years later...
Bovvered

Bovvered

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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

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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

 

Thanks

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