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    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
    • OK thank you very much. I will prepare my WS as you advise.  I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you.
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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.

      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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      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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cancellation charge


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My boyfriend has recently bought a new car and we found cheaper insurance with another company (his existing company wanted to charge us £2,000 where we could get it for £400 for like for like cover- go figure!!!) they then told us to cancel mid term it would cost over £200 has anyone got any advice on what we can do....does this sound right? please help!!!

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tina, have you any policy documents also how long has the policy been established for?

Thanks

- Hobbie

 

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Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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yes he has all his docs the advisor told me it was in the policy booklet he has been with them for about 3 or 4 years when i asked if there was anything they could do to keep his business they practically laughed at me!!!

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Which insurer is this? £200 does seem rather high for a cancellation fee - you are probably being charged "short term rates".

 

I know you said the policy has been going for 3 or 4 years, but how long is it since the last renewal date?

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Hi ive had almost the same thing with Echo insurance, i took out a policy, a mth later changed banks and forgot to set up the DD. Called told them what happened. But they then cancelled my policy and now want to charge me over £200 fee. Is this right?

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Tina, has your boyfriend had a fault claim since his last renewal, it could be that the policy is being cancelled on a no-return basis.

 

Other than that, i agree with the rest of the guys on here, that £200 does seem quite high for a cancellation fee.

 

Some companies will charge a flat rate for cancelling, others will charge a months premium.

Also if he has legal cover then there's not normally a refund given for that and also if he has breakdown cover then there's probably as cancellation charge for that or, if he's used it, that could also be cancelled no-return.

If you post back with more info i.e the insurer, how he pays for the policy (presumably its direct debit) and roughly how much he pays (then we might be able to calculate what the charge should roughly be) then we should be able to help further.

 

In regards to money grabber, i would guess that your policy was probably cancelled for non-payment and the outstanding balance is probably for the time you had on cover that you didn't pay for.

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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Hi

it's budget insurance, 2 months since the renewal date in March and no claims or use of the breakdown he's never had to claim in past years either. they said it was short term and bcos they were a broker. it's a third of his total premium for the whole year it just seems so much!!

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I've just had a quick look at budgets website Car Insurance, Home Insurance, Van Insurance, Motorcycle Insurance - Budget Insurance

 

and it does state there's a cancellation fee, but it doesn't clarify how much it is, it simply refers to the policy documentation.

If you can find a copy of your documents, it should say in there how they calculate their cancellation charges. It'll probably be worked out on a sliding scale, so the longer the policy is in force, the less refund you get etc.

 

I still think that £200 sounds unreasonable for cancelling a policy after 2 months cover. If you cant find it on your documents, it might be worth giving budget a quick call and asking them where abouts it explains it and also ask them to send you a breakdown of how they came to that figure in writing.

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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No problems. Let us know how you get on and if you need anything else feel free to ask . :)

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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  • 2 weeks later...

Hi, I work for an insurance company, and our cancellation fee is between £30 and £35... If you pay on a monthly basis, you tend to pay in arrears for the payments, and so you could be charged right up until cancellation for time on cover... but £200 is a bit excessive!!

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  • 2 weeks later...

If you have agreed to a cancellation fee not no fee or method of calculation has been set out at the time of entering into the agreement then they may only charge a reasonable fee. Supply og Goods and Service Act 1982 - s.15, I think

 

There are rules similar to this in the new CPUT regs http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html as well.

 

I suggest that you pay the money because if you don't these people will simply inform the CRAs and then your life will be murder.

 

Pay it under protest and then go and sue them for the money back and settle for a reasonable fee.

At the same time complain to the OFT under CPUT because these people need to be prevented from this kind of practice. Millions of people are faced with this ripoff all of the time.

Have you had a look at the industry code of practice? It may be contrary to that a well which is another CPUT breach

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