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BankFodder

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BankFodder last won the day on April 9

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  1. Send that also to the guy who's looking for it and tell him that this is what will be produced in court
  2. Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance. Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
  3. I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee. However, it is almost inevitable that you will get the interest. It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases. I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
  4. The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.
  5. That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
  6. I don't think it matters but whatever makes you feel comfortable. However I do think that you need to show that you are occupying the high ground and that you won't be controlled
  7. Have you started preparing your claim yet? I expect that you can hear the deadline getting closer as well
  8. Well I'm afraid that you will have to give us details. Best will in the world, you haven't explained anything or given this nothing to go on
  9. I'm sorry but the whole story is getting rather garbled and I don't fully understand. The situation is this: If you pay a registration fee for a particular service and an you decided not to take up the service then the registration fee is probably lost. On the other hand, if you paid registration fee for a particular service and they then change the service to something other than for which you registered, then you can recover it.
  10. If they changed the terms and conditions of the original agreement in respect of which you paid the deposit then yes you can certainly recover it. Have you tried and have they refused?
  11. Start off by clicking this link https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/ that will take you to the beginning of the sub- forum where you will have all the topics which have been posted – listed. The first 10 or dozen or so titles referred to threads which are "pinned" and that means that they are fixed and they tend to be information threads and are not threads which have been posted by people asking for help. If you cast your eye down the various titles you will start to understand what the subject content of each thread is. Eventually you will get to a shaded bar which is labelled "other topics". That shows you the beginning of the various request for help that have been made by people including yourself. You will probably find your own thread at the top of those or near the top. The order changes according to the most recent which has been posted. Start using the forum more and you will get to understand the pattern. If you don't visit very much then it will always be a stranger to you
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