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    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
    • Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though. Ignore the deforestation that comes unless it's ever a letter of claim. Any luck with the organ grinder?
    • Probably the case @lookinforinfo Also an update, I've got the registered keeper letter. Just to check that I continue to ignore it until PAP letter comes in?
    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tesco Car Insurance Cancellation


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About 1 month ago I crashed my car, claimed on the insurance and all was right with the world. Then a couple of weeks ago personal circumstances changed and my wife and I were no longer able to afford the car hire purchase payments. The car went back and as we have no car we tried to cancel the insurance cover. Tesco say that we still have to make the monthly payments until the renewal date (next January) because we've had a claim in this insurance period. I've checked the Ts & Cs and sure enough Condition 5(b) says:

 

This Policy may be Cancelled or suspended by You at any time by returning the current Certificate of Motor Insurance to Us with seven days notice in writing.

 

Any premium adjustment will be calculated from the date we receive the Certificate from You.

 

Provided no claim or loss has arisen in the current Period of Cover We will:

 

(i) In the event of cancellation, return the premium after applying Our Cancellation Rates shown in the Schedule for the period the Policy has been in force.

So, it's clearly stated that they'd expect the payments to be kept up (as if we'd paid in one lump sum we'd not be entitled to a refund), but is this a fair Condition on a policy? It certainly seems unfair - we're having to pay for insurance on a car we no longer own!

 

Thanks for any advice you can provide,

 

Matt.

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I am afraid there isn't anything you can do with this one...

 

By paying monthly you are in effect taking a credit agreement with them,as they request payment up front. As you have claimed, and have been paid, then they are entitled to ask for the full years payment.

 

sorry

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks Craig. Just for the sake of argument, let's say I actually paid them in one lump sum in January 2005. I want to cancel my policy and they say as I've made a claim in that year I'm not entitled to a refund of the 6 months of insurance cover I don't need. Yes, it's clearly stated in the Terms & Conditions that they won't give a refund, but it's still unfair, surely?

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Yes!

 

The Insurance company will reply they have agreed to insure your item from 1/1 - 31/12. The fact that something has happenned to the item mid term is unfortunate, however, they have made a contract with you to cover the item for the fixed term.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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So why do they differentiate between a car that's been involved in an accident and one that hasn't? If I hadn't had an accident they'd give me my money back as I no longer have the car. Why does having an accident result in me not receiving a refund?

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They have made a payment on the policy, so they feel they are entitled to the years premium.

 

Insurance is basically a gamble. The underwriters dont want you to make a claim, as the claim will be higher than the premium. As you have claimed, they have lost the gamble. They want their losses to be as low as possible - hence no refund...

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Guest Lueeze

If you have claimed on the insurance, this has cost the company money they had to pay out to get it fixed.

 

They have to recoup this cost so therefore put this clause in, so that they can guarantee you pay the full year up.

 

Hope this helps!

 

Lou x

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This topic was closed on 09 March 2019.

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 there.

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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Thanks

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