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    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Phoenix cancelling life ins due to THEIR error


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I'm having a ding-dong with Phoenix Life Ltd.

 

They wrote to us in March saying that they were unable to collect direct debits from our account. I phoned and said that there was no problem, the direct debit was still set up. They asked me to send in a new mandate so I did.

 

Meanwhile they wrote and said that given that we hadn't paid for 3 months, the policy had lapsed.

 

I looked in to it further and found that when they wrote to us in January, they noted our account number details. We didn't check it because it hadn't changed but it turns out that they wrote down the account number of our old bank account (which was closed in 2005).

 

They say they will only reinstate the policy if we complete a new declaration of health. Nothing's particularly changed in our health, but we object on principle -- and also because they might suddenly decide to cancel the policy for good or up the premium.

 

They refuse to admit that the non-collection of premiums was our error and not theirs and claim that they were getting money out of the old account all along. We're writing to the bank to get them to refute this.

 

Well done if you're still reading this pathetic, boring and annoying saga... We're going to take them to the Financial Ombudsman, but I was just wondering if anyone else had had a similar experience. Is this just sheer incompetence or a brazen attempt to get a higher premium out of us?

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  • 4 years later...

The same thing has just happened to me and I've complained to the FSO too. How did you get on with the FSO? Mine is a real problem because since I started the life insurance (which was also critical lillness insurance) in 1998 I have had a stroke (in 2007) which I claimed for and Phoenix eventually paid out 9 months later (so they knew I had had a stroke and represented a greater life risk now). The policy converted automatically to life only then. In short Phoenix had every incentive to cancel the policy. When I got the first letter threatening to cancel I phoned them and they admit they told me that I had "several months" before they would cancel. However, just 1 month and 7 days later they wrote to tell me the policy had been cancelled.

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