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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.

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      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.

Double trouble**WON**

kiwikiz

By kiwikiz
in HSBC, FD and HFC successes

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tstobbs001

tstobbs001

Posted
Posted

I forgot to tell you that they haven't disputed only one signature being on the claim for the joint accounts. On my joint accounts, only one signature was required for any withdrawals or changes to the account, so I don't know if this would make a difference.

 

DG have disputed that I am not actually party to one of the accounts (because the name of the account has only one name in it), but they are still paying out on it anyway.

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Castlebest

Castlebest

Posted
Posted

Ive seen a few people worried about the joint account thing here but never seen anyone have any problem recovering their unlawfull charges, and a couple of those people had divorced the other party to the account too.

 

pete

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kiwikiz

kiwikiz

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Thanks for the reassurance everyone. Sent off my nudge letters (no response yet) and will send another off early next week. Will be a bit sooner than the 10 days everyone recommends but time is a marching....

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kiwikiz

kiwikiz

Posted
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My court case for the first account is on 5th July. I've sent them two nudge letters and haven't heard anything at all. Is it offically time for me to start panicking?

 

Should I start preparing my court bundle for 5th - oh me oh my - just found out I'm pregnant (YAY) but my hormones are all over the place and I'm seriously seriously scared and stressed (about the court case not the pregnancy :) ) I know I'm rambling but that's what nerves do to me!

 

Any help as always would be very greatly received.

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kiwikiz

kiwikiz

Posted
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Ok mindless rambling over. I've seen the link about court bundles for dummies and it would seem that I have fallen short of that mark. I talked with the court and they said that my schedule of charges was enough and that I should bring the original statements to court with me and that would be fine. It would seem not.

 

So, for court case on 5th July where "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing" I have missed the deadline - Any suggestions on how best to proceed?

 

Thank you

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Celicaman

Celicaman

Posted
Posted

hi, first thing to do is ring the court in the morning, oh and congrats on the good news :) .

See if the other side have filed their copy of the bundle.

If you can do it fast, get your copy of your bundle done and have ready to get it to the court.

Not sure what else at this point will try to get some help for you.

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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GuidoT

GuidoT

Posted
Posted

You must prepare your bundle quickly. See here for link:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

It will take you all day, so put aside tomorrow if you can.

 

If you PM your email address, I can email you many of the documents in a PDF.

 

You really must post tomorrow or at the latest the day after. Although I am not that familiar with HSBC, it is unlikely they will file a bundle so at least you will get it in before them.

If I have been helpful please click on my star and add a comment.

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MARTIN3030

MARTIN3030

Posted
Posted

The reason for the bundle is for you to provide as much ammo as you can in the event that it DOES go to Court and they turn up.

Many people have been caught out with this.

The banks do not always submit bundles since they rely on the stuff filed in their original defence so dont have much more to add.

The banks defence is always much more than a few lines in an N1 claims Poc.

You need evidence to back up whats in the Pocs hence the bundle.

I would get this in ASAP in the meantime call your Court and tell them you will be lodging it albeit a little late.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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kiwikiz

kiwikiz

Posted
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Posted

Thanks for your advice. I have pm'd my email address so will use tomorrow to print and collate and contact the court tomorrow.

 

I will also post here tomorrow re my second claim which is due a court bundle soon although the letter from the court is different and the process seems different. Confusion reigns!

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Celicaman

Celicaman

Posted
Posted

After you have sorted bundle, yes post on here what you have done and what dates you have to do by. Different banks have different ways of doing claims.

Learn lesson here, its a been a close one. Read the steps of claiming and be ahead of the next step, that way no surprises.

Good luck

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Castlebest

Castlebest

Posted
Posted
I talked with the court and they said that my schedule of charges was enough and that I should bring the original statements to court with me and that would be fine. It would seem not.

 

Hiya kiwi and congratulations on the good news :) .. you havent posted your wording from your notice of allocation so flying blind a bit here does it say you have to provide anything in those ?... as your court date is a week away....

 

Its a directions hearing, so the judge, officialy, is going to make up his mind how to proceed. He actualy knows DG wont attend a courtroom even for a directions hearing. The court have said you dont need a bundle, so the judge wont be asking for any detail of your claim whys and wherefores.. I think hes looking at a strike out of the defence when they dont show.... thats my oppinion... phone the court again to check and make sure you have what the judge is expecting...

 

pete

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Castlebest

Castlebest

Posted
Posted

Guido, I read the second paragraph to refer to our thread court bundles for dummies.... which is why I said phone the court and check. And post #23 says it is a directions hearing.

 

Note to anyone else reading this

This is why it's important to type out the exact wording you get from the court because it makes it much easier for us to give the correct advice.

 

pete

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kiwikiz

kiwikiz

Posted
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Posted

Hi All

 

I've received a letter from DG offering me the full amount (YAY! :) ) - but for my other claim (joint a/c)which isn't due in court until 24th July. They have all the details correct except they have put the court date as 5th July which is my other claim (single a/c). So, I am going to send them a fax tomorrow confirming acceptance of their offer but highlight in very big letters that in fact they have the dates mixed up and we still face a court date on 5th July. What do you think?

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kiwikiz

kiwikiz

Posted
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Posted

Hey there

 

Well, I've only gone and done it! It got down to the wire - my court case was today (Thursday 5th) at 12am so yesterday I called the court and explained that the solicitors had their cases mixed up and that I didn't want to waste the Judges time but didn't want to close the case untill DG had sorted out their mistake. DG were of course ignoring me. But the VERY helpful people at Haywards Heath County Court gave me a number for DG so I managed to leave several messages. DG then phoned the court (while I was talking with the court) and then called me back 5 minutes later with an offer. They sent me an email, I accepted and by 4:30 the day before court - it's all over. The money from the first case is now in my bank and I expect that this claim will be in the bank by Monday.

A donation will be winging it's way to this site. A GIANT THANK YOU to all of you that have helped me without you I would have bottled it ages ago!

Next step is to sort out other half's Ltd company - but I'll start another thread for that.... HANG In there folks - they do pay out in the end :)

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Celicaman

Celicaman

Posted
Posted

Well done Kiwikiz, enjoy your money

 

Hey freaky another winner :D , getting to be a habit this LOL

Do you know anybody else thats won this week :p :p :p

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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