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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.

Full Refund CAPITAL ONE credit card on charges - SETTLED

funkyparott
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funkyparott

funkyparott

Posted
Posted

Hello,

 

Looking thought my Credit History records I soon picked up that I had a late payment with Capital One a few years back. After I made a few enquiries I discovered I had been charged £20 fee.

 

I sent out the letter from this site to Capital One. I added a few extra lines to this standard letter :-

 

"Take note. If I do not hear from you within 14 days I shall apply for a summons through the County Court without further notice to you.

 

I’m sure you don’t require me to remind you that we both have a duty to attempt to mitigate this matter outside the courtroom in the first instance.

 

Of course, if you do decide to defend this matter; I will require from you a full comprehensive breakdown and analysis on your justification for such charges. Please understand, it is of no interest to me whether your charges are in line with other lending institutions. I will not entertain this explanation as a justification / defence."

 

Well, today I recevied a phone call from their execuctive office. I told them I was not discussing anything over the phone ! The lady assured me they were sending me a cheque that would be with me in the next few days for my late payment fee 'as a good will jesture".

 

My next battle is helping a single parent who has been crippled by some bank charges in the past.

 

Many thanks for your help

 

FP

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funkyparott

funkyparott

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I would have gone to court.

 

My problem would have been trying to find my contract that I signed with them years back for the credit card. I mean, how many of us keep old credit card application forms ? I'm not sure how I would have proved their contract actually stated the charges were punitive. I guess I could have obtained their copy of the contract I signed under the DPA.

 

Why has there been no mention here of the Freedom of Information Act? This covers information on written form, and not just on computers?

 

I was actually hoping they wouldn't pay because I *wanted* to go to court with them and see them try to justify their charge. I have no outstanding money with Capital One, and couldn't give a monkeys if they shut my account!

 

Still, all I have learnt on here I will be utilising somone who has been crippled with these charges.

 

Mine was a tiny battle I know, but thanks again.

 

FP

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hannanshah

hannanshah

Posted
Posted

I want to tackle Capital One over a cheque return fee coupled with a late payment fee (both £20) from last year.

 

If I were to follow your example, I'd take the Credit/Store card LBA (from the library forum) and add the additional lines you used. Am I right?

 

Seeing as it's only £40 I'm hoping they'll settle pretty quickly though if I have to go to court I'm up for it.

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BankFodder

BankFodder

Posted
Posted
I want to tackle Capital One over a cheque return fee coupled with a late payment fee (both £20) from last year.

 

If I were to follow your example, I'd take the Credit/Store card LBA (from the library forum) and add the additional lines you used. Am I right?

 

Seeing as it's only £40 I'm hoping they'll settle pretty quickly though if I have to go to court I'm up for it.

BUT START YOUR OWN THREAD

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  • 12 years later...
funkyparott

funkyparott

Posted
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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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