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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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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can i claim this back??


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Hi

 

I purchased a car 2 years ago from Bristol Street Motors and the finance was through british credit trust. When i purchased the car, Bristol Street Motors told me i "had" to take out the 3 year GAP insurance at a cost of £599, otherwise i would not be able to get the finance for the car! I saw on another thread that someone had asked if they could claim back the GAP insurance and someone told them they could.

 

Is this correct? can i claim it back?

 

thankyou

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There are two main types of GAP Insurance:-

 

1. GAP Insurance taken out within 3 months of delivery of a new car – this insurance covers the shortfall or "gap" between the insurance settlement and either the original price paid, a new for old replacement or any finance that is outstanding.

 

2. GAP Insurance bought more than 3 months after delivery or on a vehicle that is over 5 years old – this insurance covers the shortfall or "gap" between the insurance settlement and a Parker's Private Good valuation of the vehicle.

 

GAP insurance is generally required if you take out a lease agreement because although the car is still owned by the dealership or car manufacturer the lease holder is financially responsible for the vehicle. GAP insurance in these circumstances makes perfect sense because it protects the lease holder from financial loss in the case of an accident and we've all heard about people who have lost out when their vehicle has been written off by an insurance company.

 

However, GAP insurance is not always required, is not always suitable and can be missold. It may be missold by dealerships who want the extra money or who are ignorant and just automatically add it to the loan or lease agreement without advising the buyer of what it is or asking them if they want it.

 

As a consumer, you have the right to refuse gap insurance and to be given the appropriate advice.

 

You may not need GAP insurance if:-

 

-- You have adequate cash reserves to cover the shortfall between the insurance settlement and value of the vehicles, and so do not want to pay insurance premiums

 

-- You are already covered through your motor insurance

-- The loan agreement covers any gap in value

-- Your vehicle is heavily discounted so there would not be a gap in value

 

In these circumstances, you would want the option to refuse GAP insurance as it is not relevant to your circumstances. If the GAP insurance is not needed then it can be deemed to have been missold if it was added to your loan, hire purchase or lease agreement.

 

If you have found that GAP insurance has been added to your agreement without your knowledge, where it is not needed or where it is even invalid, then you may be eligible for claiming a refund of policy premiums paid on this missold GAP insurance policy

 

nicked from another site...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

The GAP insurance was taken out when i completed the relevant forms with the dealership. They told me i had to have it, otherwise i would not get the finance. They told me that if i had to claim if my car was stolen and written off, NOT to claim through my own insurance, but to claim from the GAP insurance because it would cover me more financially than my own insurance would. EG.... IF vechicle was written off, my own insurance would only pay "bottom book" GAP insurance would cover say if i paid £10k for the car, i would get £10k back. Don't know if this is true or not but thats what they told me. I have fully comp insurance myself, and although GAP insurance sounds good, if its true what they tell me, but if its not, then im paying 2 lots of insurance?

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reclaim it!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

is there a standard letter to send to claim back GAP insurance? Also, if i claimed it back successfully, the lender would obviously have to recalculate my agreement yes? Would they recalculate it for the period of time that is left (which is 3 years) or would they recalculate it for the whole 5 years?

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they cannot make yousign a new agreemnet nor vary the term, it will be a restucture over the same period but at a lower PCM.

 

no std letters

 

see the stickies at the top of the forum.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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