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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.

Mercantile Hearing, Leeds, 26th April 2007

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caro

caro

Posted
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I imagine that a mercantile judge would scrutinise and question Citi's figure of 12.88 considerably more closely than the judge in LTWFB's case in Northern Ireland.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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barnett

barnett

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Hi Caro and all reading this! sorry I haven't been on line to fill in the details of the goings on in the Mercantile Court. To be honest I was exhausted! Others have very kindly given details of what happened so I'll jut fill you in on my case v Yorkshire Bank. Firstly on arriving the YB solicitor handed us an information sheet of an application he was going to put to the judge. The basis of this was that they wanted to stay all YB cases until after the OFT report thus delaying everyones cases for months! I intend to scan this to Bankfodder and he may post it for all to read. I am sure that they intend to produce this at future hearings. The application was not fully heard as the YB cases were settled. There was origionally 10 listed but only three by the start of the day. One of these three claimants did not attend and his case was struck out. The Bank even asked the Judge for costs and this was accepted.

My two cases were settled but only verbally so until I sign the acceptance form and notice of discontinuance the cases are still live.

In my opinion the Judge was anxious to have an unsettled case left to put foward as a test case.

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caro

caro

Posted
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Thanks barnett. I hope you get your money soon for your sake, although if you don't ............. I have to be honest it would be great.

 

Hope you don't mind me thinking that.

 

By the way, do you know if the person who didn't turn up was from CAG?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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barnett

barnett

Posted
Posted

Don't know, sorry.

Don't mind you thinking that at all. I know how much a test case would mean to everyone!

Will keep you informed as to any progress.

By the way, do you know anyone who has received costs for their time @ £9.25 per hr in the merc court? Would be grateful for info. Thanks.

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caro

caro

Posted
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Yes, but I'm not sure if you should have put that in already. Contact the court again and explain the situation to see what they say.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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caro

caro

Posted
Posted

This might help.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34289-barclays-settling-these-claim.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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TUTTSI

TUTTSI

Posted
Posted

Hi Barnett

BONG, has a very good thread she went back loads of years and won, just before the court date. I think it was Barclays but cannot be sure. If I locate her thread I will come back with the link.

DS

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This thread continues at the the thread 'Zsazsa's Mum v Lloyds - Mercantile' post 26. (That case was one of those that did not get settled at the 26th April hearing. Don't be put off by the fact that the case is still ongoing at the time of writing, think of the many more that did get settled either before or at the hearing).

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caro

caro

Posted
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Here.

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/85142-zsazsas-mum-lloyds-mercantile-2.html#post868160

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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