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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.

Anotherwaytorobus v FD **WON**

Anotherwaytorobus
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Anotherwaytorobus

Anotherwaytorobus

Posted
Posted

Hi All.

 

Ive been reading for some time now and have already taken some action against 3 banks. (FD, Abbey, & LTSB)

 

I sent my SAR off to FD on 7th March. Got a reply and my returned cheque on 15th March. Statements arrived by Courier 6th April.

I done my homework and worked out they owe me £1515 in charges. (Im claiming for everything they have highlighted as a charge).

Prelim letter sent 10th April, and a reply received with offer 20th April for £1245. The letter seems the standard rubbish they are using to hopefully put people off going the whole journey. Any way im not accepting and have just written the rejection letter stating that it will be accepted as part payment givivng Mr Kernaghan 7days to pay the full ammount or i will issue the LBA.

 

A question for all the knowledgeable one on this site. The offer states that the figure offered would be the full and final settlement of my complaint against the bank. How do i stand should a new offer arrive as i am also requesting statements ref to my FD credit card account. Would signing the offer letter prevent me from making claims on other FD accounts ?.

 

Any advice is much appreciated.

 

Thanks.:cool:

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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dar£n

dar£n

Posted
Posted

Firstly, throughout this claim [and the others] remember.

its YOU taking THEM to court, not the other way round, they cant tell you what the conditions are if you accept the offer.

 

When you get your offer, there will be references to this sort of thing and such things as the matter is confidential blah blah blah, you just delete anything in the offer that you do not agree with.

 

you also add that under no circumstances will you stop proceedings until you are in possession of cleared funds.

 

and then initial the alterations

  • Haha 1

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Anotherwaytorobus

Anotherwaytorobus

Posted
  • Author
Posted

Thanks. It leaves you a bit unsure though when they state that the acceptance form must not contain any ammendments or it will declare it null and void.

 

I do understand what you say though, just needed clarification.

 

Thanks again.

I await their reply.

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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Anotherwaytorobus

Anotherwaytorobus

Posted
  • Author
Posted

:) :) :) Well it was all worth it, and very painless. For me anyway. Not too sure about the bank.

Second offer received today for full ammount £1465.00.

 

I am going to accept this, but will be accepting with my own letter as opposed to their required declaration.

 

My letter reads " I accept the sum of £1465.00 as full and final settlement ref to the above account with First Direct".

 

They state that i will recieve a cheque sent to my home address. Does anyone know how long its taking them to issue such cheques ?

 

Thanks to CAG. Without this site i dare say this money would have forever lined the banks pockets.

I am now waiting on a couple more claims to be as succesful as this one, and i wwill be only too happy to make a donation to this fantastic site.

 

Thanks for all you help.:) :) :)

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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Anotherwaytorobus

Anotherwaytorobus

Posted
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Posted

Thanks Madhouse5,

 

It took 7 days for them to respond to my initial rejection letter.

Hopefully you wont be far behind me.

 

FD were too easy. I hope the rest give in this quick.:)

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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Anotherwaytorobus

Anotherwaytorobus

Posted
  • Author
Posted

Thankfully i haven't got to deal with Barclays then.

Still good luck and stick with it. It will be worth it in the end.:)

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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Anotherwaytorobus

Anotherwaytorobus

Posted
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Posted

Congratulations........:):):):):)

 

Definately worth it dont you think.

 

Dont get too drunk.:-D

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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Anotherwaytorobus

Anotherwaytorobus

Posted
  • Author
Posted

I know the feeling. I cant wait for the next one. Just waiting for my statements.:):)

FD Current Account - claimed £1465 - Won

FD Credit Card - SRA sent

Abbey Current - SRA sent

Lloyds Current 1 - £60 claimed

Lloyds Current 2 - SRA sent.

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