Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Tesco car insurance cancellation


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4639 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Hi

 

Looking for some advice if possible please everybody! Ive been insured with Tesco car insurance for 6 years and today i rang up to cancel my policy. They told me that i would have to pay £145 to cancel it as my renewal date was 26th may and being outside the cooling off period i have to pay fees for things like breakdown,legal fees etc and also £30 cancellation charge!!

 

Can anyone tell me if this is allowed and if theres anyway around paying this scandalous amount!!??

 

Thanks

Link to post
Share on other sites

Can anyone tell me if this is allowed

Yes

 

and if theres anyway around paying this scandalous amount!!??

No, you agreed to the T&Cs and they're not illegal/unfair.

 

Why are you cancelling now when you've only just renewed?

Link to post
Share on other sites

I pressume you are paying monthly, but you have taken out a years policy; so if you had paid it all up front and wanted to cancel you would expect a refund!

now because the policy has only been in existance for about one month, they would charge this at a higher short term rate which is normally 30-35% of the annual rate/month.

The cancellation rates would be in the T & C anyway.

Link to post
Share on other sites

I pressume you are paying monthly, but you have taken out a years policy; so if you had paid it all up front and wanted to cancel you would expect a refund!

now because the policy has only been in existance for about one month, they would charge this at a higher short term rate which is normally 30-35% of the annual rate/month.

The cancellation rates would be in the T & C anyway.

 

So how does a one month or twelve months contract make the same individual a higher risk? Just another bloody insurance con.

Link to post
Share on other sites

Some Insurers do increase their premiums for monthly payers. They way they explain this, is that they offer a discount to annual premium payers and if you change to monthly, you lose this discount and pay interest for the monthly option. This is fairly common, but not all Insurers do this. Tesco I believe are one company that do so.

 

If you read some of the FOS rulings on this cancellation issue, actually you will see that they have said that some cancellation rates are too high and have said that a time on risk should be charged, plus a maximum of £50 for a cancellation admin fee. So if you are unhappy with the way in which a cancellation was handled, you can complain and ask the FOS to take a look at it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Also as some sompanies act as a broker, and effectively pay the year up (swinton springs to mind) if you cancel they try to cover their costs.

 

Why is OP cancelling just into contract year? if its to go to another insurer, why wasnt this done at renewal.

Link to post
Share on other sites

  • 2 weeks later...

Hi, I've had the same happen to me. Plus I purchased online and I've checked through everything and there is no mention of short term rates, ergo I did not agree or enter into a contract regarding short term rates. Probably this guy has found a cheaper insurer a month after automatically renewing.

Link to post
Share on other sites

There's been some misinformation in this thread. I'll try to clarify.

 

 

There is no such thing as short term rates. This is a complete misnomer. The insurance policies you are talking about is for annual cover. There are seperate and distinct short term policies, and they will have their own pricing structures.

 

When you purchase your insurance policy and select to pay monthly you are not paying for the insurance policy month by month. What happens is that you take out a loan to cover the full annual payment. Then the monthly bill that you pay is the repayment of that loan. This is why you are charged interest on monthly payment methods - sometimes as much as 30% APR or more.

 

Additionally insurers will look at the risk cost to charge a premium they feel is indicative to your risk. There is statistical evidence to show a correlation between people who select a monthly payment option and a higer risk of claiming. Nobody knows exactly why this correlation occurs. Therefore insurers would, if they could, charge a higher premium for people who would want to pay monthly. However you don't select your payment method until after you are given a quote so it is not possible to change the price at this stage. Therefore some insurers display both prices, with a "discount" offered for annual payment.

 

 

If you can afford it then taking out an annual payment option could reduce the amount you pay. It could be better to take out a personal loan with a lower APR from another company than pay the generally high APR fees associated with the monthly payment selection.

 

 

 

That all said you have purchased annual cover. Think of it another way - if you rented out a room in your house to someone, and you both agreed that the person would live there for a year, and you both signed a contract agreeing that you would rent this room for one year then how would you feel if that person moved out after just 2 months? They have broken the contract you both agreed to.

 

In order to give some flexibility insurance companies do allow customers to cancel a policy, and will return the pro-rata risk premium. They do however have a cancellation fee. This is not an administrative charge in the same way that banks have fees for you going over your overdraft fee (etc), but a contract penalty for your early exit.

 

Once area where you may have cause for complaint however is that these fees are often not clearly marked out in the terms and conditions of the policy. They should be clearly stated up front before purchase, as they are a major facet of the contract. Check through the pre-sales information to ensure that the cancellation fees were clearly provided to you prior to purchase (and not just in the information sent to you after you had bought the policy). If they are not there then raise a complaint on the issue of TCF - that a major contract clause was not explained to you before entering the contract. If they are present then I'm afraid that you have agreed to those conditions and you have no choice but to pay the cancellation fee.

 

Although it won't prevent you from having to pay, you are also entitled to complain if you feel that the cancellation fee is excessive. You should do this to the company first, and if you do not receive a satisfactory answer then you can refer the matter to the FOS once all options with your insurer has been exhausted. It is also worth writing to the ABI about your concern over rising costs of cancellation fees in the insurance sector.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...