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

CIS Insurance - ** RESOLVED **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3734 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

CIS InsurancePlease adviseI am a pensioner 67 years and have recently lost my mother 94 yearsfuneral 7/11/2013I am attending to her estateAmong her papers I came across an insurance policy with C.I.SIt is a Whole Life Assurance With Profits. Periodical Endowment. Adult (Own Life) Policy and was taken out on the 27th November 1944There is a Premium receipt book showing that an agent would home visitand collect payments - the last collected payment was July 2002.I contacted CIS sending the death certificate and other relevant information.After awhile I received correspondence. I was informed of the value £412.52pBUTwill only be paid out if the payments had been paid upto her death.She had paid from the opening of the policy upto July 2002 which is 57 yearsShould there be a 'pro rata' payment or are they within ther rights not to pay outregards

Link to post
Share on other sites

I think these policies only pay out if you continue making the monthly payments up to death. If you stop the payments, the policy ends and you get nothing following death. From what I read, some of these policies offered terrible value for money.

 

Perhaps your mother realised in 2002 that the policy was not worth it. I think CIS stopped making doorstep collections around that time, so maybe your Mother did not want to set up a Direct Debit to continue the policy.

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

HiMany thanks for responseDo you think I am wasting my time by writing to the financial ombudsman.I feel that after 57 years of paying she deserves some payment.Shortly after the final 2002 payment mother was admitted to a 'home' with first stage dementiaWe paid the post office for 6 months postage forwarding and never received any correspondence from C.I.S.regards

Link to post
Share on other sites

HiMany thanks for responseDo you think I am wasting my time by writing to the financial ombudsman.I feel that after 57 years of paying she deserves some payment.Shortly after the final 2002 payment mother was admitted to a 'home' with first stage dementiaWe paid the post office for 6 months postage forwarding and never received any correspondence from C.I.S.regards

 

That is the choice of whoever is the executor or person responsible for your Mothers estate. But they would need to complain to CIS first and give them the opportunity to resolve. It really is up to CIS to provide a full response, with details of the policy.

 

I have since read that actually some of these policies may have had some value, if the policyholder surrendered the policy, before they died. I am not sure whether stopping the payments, is the same as surrendering the policy.

 

The problem many companies have is that they will have gone through so many IT system changes over a period of time. I suspect your Mothers policy records have been archived years ago. The current staff working at CIS may have little knowledge of policies that were taken out nearly 60 years ago. A written complaint is the best way forward, so that CIS have a chance to look at this properly.

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

Hello again.

 

I found this on the CIS/Royal London website. As you're talking about a traditional with profits policy, I was surprised that there wasn't any kind of paid up value. Have they mentioned anything about this please? HB

 

Paid up

A policy becomes paid up when a customer is no longer paying premiums.

If this is sooner than allowed for by the policy, then the sum assured is

reduced in line with the payments that have already been made.

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I am not sure whether stopping the payments, is the same as surrendering the policy.

 

Hello UB.

 

Surrendering the policy means receiving its cash value from the insurance company. If you stop paying but don't cash it in, it's a paid up policy.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Thank you for that.

 

Have they mentioned how their periodical endowment works please? I can't find anything on them, but I'll have another look at the CIS website.

 

Have they mentioned paid up values or why there isn't one in your mum's case please?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

  • 3 weeks later...

Hi SORRY for the delay. As advised I dealt with C.I.S. direct - The result of which is that they have PAID out on the policy. The monies are now confirmed to have been transferred to our account. I woud like to thank you all for the help/advice you gave.regards

Link to post
Share on other sites

I contacted CIS via claims form from their Internet site, which I completed and sent via recorded delivery with an original copy of the death certificate.After awhile I received correspondence. I was informed of the value £412.52p BUT informed it would only be paid out if the payments had been paid upto her death.She had paid from the opening of the policy 1945 upto July 2002 which is 57 years. As she had not paid for 11 years and noting their response to my claim I assumed they would not pay out.I then wrote to this site requesting help / advice.Should there be a 'pro rata' payment or are they within ther rights not to pay out regards.As your suggestions I decided to contact CIS direct before involving the Ombudsman.You were correct when you mentioned CIS stopped making doorstep collections around this time. They advised that my mothers policy was too costly to administer for the amounts involved and had come up with a final settlement amount which we found acceptable. I had to reclaim forwarding the claim to the department I spoke to on the phone. (they had requested futher information)I can not pass comment on the 'unpaid 11 years - I assume they have waived it - or may have even offered us less than what they would have normally paid.I have now received a cheque which has 'cleared'Once again many thanx for help givenregards

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...