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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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      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.

Paintball vs Barclaycard ***WON***

Paintball
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slick132

slick132

Posted
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Go Painty,

 

You're on a roll.

 

Slick

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GuidoT

GuidoT

Posted
Posted

I have had a quick look over your thread and seen your PM to Rooster, but did not see the answer to:

1. Which track are you allocated to?

2. What is the financial difference between SI and CI in monetary terms?

 

Can you answer these questions please?

 

Notwithstanding, I would accept SI if you have exposure to the others sides costs, i.e. on the fast (or multi) track.

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

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Paintball

Paintball

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I have had a quick look over your thread and seen your PM to Rooster, but did not see the answer to:

1. Which track are you allocated to?

2. What is the financial difference between SI and CI in monetary terms?

 

Can you answer these questions please?

 

Notwithstanding, I would accept SI if you have exposure to the others sides costs, i.e. on the fast (or multi) track.

 

Guido

I've PMd you. Could you reply by PM please? Many thanks

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GuidoT

GuidoT

Posted
Posted

In response to your PM.

 

Although you have not been allocated to a track, it is likely that you will be allocated to the small claims track, therefore you have little in the way of exposure to the other sides costs.

 

Therefore, if you proceed to the hearing just on the CI point you have little to loose. Indeed the matter may settle prior to the hearing.

 

If you are content to do the research on the basis behind CI and happy to present you point in court then go ahead with it.

 

However, I see that the difference between CI and SI is only around £200.00 and in view of that I personally do not think it is worth the trouble.

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

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steven4064

steven4064

Posted
Posted

The PM referred to by GuidoT

directions guidance needed please ...

Hello Rooster

 

I wonder whether you could ofer me some guidance to enable me to make a decision on directions requested by the a judge at my local county court inrespect of my claim against Barclaycard.

 

I have an stay removal hearing tomorrow at 2pm and B/card are now keen for this stay to be removed (thwey have faxed the court twice). I used to stay time to try to settle with Bcard but as they are offering 8% and not the CI I requested, I have declined this offer.

 

The judge has said that he will vacate the stay hearing on condition that directions are agreed between myself and the Defendant as to whehter we move to a Disposal Hearing, a Directions Hearing or a Full Trial and the timescales we will need for whatever is chosen i.e how much time needed to prepare for the chosen hearing. I have until 3pm today in which to inform the court of the decision ...

 

As the defendant has stated that they do not dispute the charges and costs I am reqeusting, the only substative issue remaining is the matter of interest. This will be what we argue over in court at whatever type of heaing I/we choose.

 

In order to come to the best option for myself, I wonder whether you could offer guidance on the matter.

 

Many thanks

 

Paintball

The following conversation was conducted by PM as Barclays’ solicitor has been reading this thread.

Steven suggested a compromise on interest rate to be applied- ring their solicitors and tell them the case law on interest has changed (quote Sempra) and that you are willing to go to court for it (if you are) but offer a compromise of say 15% compound instead of 8% simple (their offer) and 29% compound (your request). They might be willing to agree that - the last thing they want to do is go to court.

The way forward needs to be agreed with B/C anyway as the judge has said he wants directions agreed between you and them. Since they want the stay removed, it is in their interests to agree. PB needed to speak to them and discuss the directions (ie which sort of hearing, if any you are going for). If you stick out for a full trial (and of course directions for full disclosure) they may well give in.

Paintball - in the POC used the rate they applied which was 18.04% and compounded this from the date charges were applied to the current date. The a/c is closed and she didn't want to apply the current rate. PB actually wants to go to court to discuss the interest as Bcard don't dispute the charges and costs. Also, on the issue of provision of documents using the CPR, Bcard still haven't provided them - the best next thing would be to request Disclosure of them via the court.

 

I think they are bluffing in pushing the stay removal and think that I'll blink first rather than go to court to argue over the interest.

 

I suppose I could tell Bcard that I prefer a full trial; if they want, say, a Disposal Hearing (likelihood of this?) then I'll say OK, but pay me the charges and costs that you say you're not disputing before the hearing. I'll also remind them (for eighth time and third time over the 'phone) of their non-compliance in supplying relevant docs.

 

Steven - The only thing I should add is that none of us have any real experience of going to court just for compound interest. The case in this thread was like that and they lost - but we know the grounds for the claim were wrong and bound to fail. Sempra was a case just for compound interest, everything else having been paid, so that is quite hopeful. So you will be blazing a trail.

Paintball (following phone call with Bcard) Having discussed the issue with Bcard, they suggested that we go to court on just the matter of interest and I suggested that we go to court on all matters. We finally agreed on my suggestion. I told them that they have my email address should they wish to settle with the amount on my POC. I have requested a full hearing to take place within six weeks, submitted this to the court and am awaiting the judge's decision which will be via a phone call from the court clerk.

Steven - I think that's a good outcome - you are much more likely to win on that basis than if the case went forward on interest alone. Hopefully, B/C will now back down.

 

 

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Paintball

Paintball

Posted
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Thanks for this summary Steven ...

 

The court have rung me to let me know that the judge agrees with my request and I will have a hearing date by 19 December. I'm very happy with this outcome and look forward to meeting the Defendant in court.

 

Painty x

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steven4064

steven4064

Posted
Posted
The court have rung me to let me know that the judge agrees with my request and I will have a hearing date by 19 December.
Well done Paintball.
I'm very happy with this outcome and look forward to meeting the Defendant in court.
Wear the hat but leave the gun behind;)

 

 

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ukaviator

ukaviator

Posted
Posted

Well done Paintball .. . Looking good so far. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ukaviator

ukaviator

Posted
Posted

Well done Paintball. . . Great work

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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slick132

slick132

Posted
Posted

Great news PaintBall,

 

Look fwd to hearing the detail or is that secret ?

 

Congrats, Slick

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Paintball

Paintball

Posted
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Great news PaintBall,

 

Look fwd to hearing the detail or is that secret ?

 

Congrats, Slick

 

Thanks so much Guido, Car, UK ... Slick, you get the idea, but I'm sure info will filter through somehow; it always does :rolleyes:

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