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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.

Lloyds TSB requesting for claim to be struck out **WON**

exoticplants

By exoticplants
in LloydsTsb Successes

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exoticplants

exoticplants

Posted
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Posted

So for reason, what exactly would I state do you think?

In those days there were two bounced cheques, around five returned direct debits and card transactions making the account overdrawn. Oh how I'm glad that hasn't happened since!!!

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GaryH

GaryH

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Whatever it says on the statement - I.e. "UNPAID S/O", etc.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

GaryH

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Ok. As your on your "last chance" from the court and you haven't got much time left, you can e-mail it to me to check before you send it if you like.

 

Also, it should be noted that the court have been remarkably tolerant - you've actually been quite lucky, you've had 3 chances. Most courts would have stuck it out upon non-compliance with the first unless order.

 

Still, no harm done.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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exoticplants

exoticplants

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Hello there Gary.

Just a thought, with the original claim I hadn't added interest to it. Does this mean when I do the poc, will they get confused with weather or not interest should be added to it? Or do you think I should just restart the claim from scratch.

 

Best wishes

 

David

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GaryH

GaryH

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Ok, well I think you should add the 8% interest now - its certainly worth a try as you've been asked for full particulars.

 

The site's spreadsheets are down at the moment, I'll send you the simple 8% spreadsheet by e-mail. This will also act as your schedule. Fill in the details and amounts of the charges in the left hand columns and it will automatically calculate the 8% interest.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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exoticplants

exoticplants

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Hello there everyone.

Just thought I'd drop you a line to let you know how the claim is coming along. I've finally finished my poc and added all the charges to the schedule. A copy has been forwarded onto Lloyds lawyers and onto the court. So now the waiting game has arrived once again. I just hope this time there aren't any issues...

 

Thank again for all your advice, without it I don't know what would have happened!!

 

Kindest regards

 

David Hamer

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  • 2 weeks later...
exoticplants

exoticplants

Posted
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Hello there all.

I just wanted to let you know the current status of this claim. I received a letter from Lloyds lawyers who have offered me £767 if I don't proceed with the court case. They have offered me this figure as they have stated £300 worth of charges were no default charges, but regular bank fees. I however believe this is nonsense, as it was their fees that made me overdrawn in the first place!

Should I battle on with the claim or do you think I should accept this offer?

As for the court, well I haven't heard back from them yet. Though I am starting to think because I send both the court and Lloyds lawyers my poc and summary spreadsheet, they are now starting to take this more seriously.

 

Regards

 

David

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GaryH

GaryH

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Interesting - did the letter refer to them as "not default fee's", as opposed to the others, which are? Can you e-mail me a scan of the letter if possible please? I believe you already have my e-mail address?

 

Anyway, yes, if the fee's they are talking about are the monthly account service fee's (£10 per month select account fee, etc..), then unfortunately they are not reclaimable.

 

What are they described as on your statements?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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exoticplants

exoticplants

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Hello there Gary.

It stated that within the summary spreadsheet that there were Fundsflow fees and arrangement fees amounting to £342.50 which they say are now eligible for claiming. Though it was those fees that brought me more overdrawn and enabled them to charge me the £35 a time. I understand now at present the OFT is looking into monthly fees for bank accounts, I'm told they may also try and stop them from charging these too.

 

Regards

 

David

 

I'm going to be in Devon camping for the bank holiday weekend, but I'll email you their letter when I get back.

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  • 2 months later...
exoticplants

exoticplants

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Hello there all.

Just wanted to thank you all for your help and advice. Lloyds decided to settle in full out of court. Total amount received was £767.50! So thanks to Gary and everyone else for all their help and support.

 

Kindest regards

 

David Hamer, David's Exotic Plants UK

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GaryH

GaryH

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Wooohooo!!! Nice one David, well done!! another lloyds winner.:grin:

 

I'll change your title to WON. Don't forget the survey, and to let the court know that its settled.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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