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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

rune

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  1. Anna1s1 started following rune
  2. rune
    Thanks Andyorch. Could, however, an insurance company that supplies a new item as replacement, in the original packaging, be considered a retailer in this circumstance? They did, however, supply the goods to me, the consumer. I suppose we also have the issue of the selling of the insurance policy to me... Confusing! rune
  3. rune
    Thanks Andy Apologies for posting in the wrong place.
  4. rune
    Hi everyone, I am looking for some advice as to the application of the Consumer Rights Act or other relevant legislation to insurance replacements. The situation is as follows: I had an iPhone replaced under insurance in March of this year. It was replaced with a brand new, sealed unit in original Apple packaging. The phone has developed a fault 5 months after receiving it. On contacting Apple, they advised that they were not the retailer and that I should contact the people I got it from and request a replacement under the Consumer Rights Act. Apple did, however, completely accept that the fault was a manufacturing or pre existing fault and actually told me that if they had directly supplied the original phone, they would have replaced it no questions asked. I have contacted the insurance company and asked for a replacement and they have refused to replace the phone without me making a new claim and paying an excess. They claim that their T&Cs state they only offer a 90 day warranty and that the Consumer Rights Act does not apply to them. I argued that they supplied me a new item, which I have indirectly paid for as I pay the insurance premium that allowed the replacement and therefore I have consumer rights and they should replace the item. It is my opinion that they are acting in the same capacity as a retailer when they supplied the phone and hence should afford me the same rights. So, my questions are: Who is right? Should I pursue a claim or give up and pay the excess? Is there any other legislation that is relevant here? Do I perhaps have some rights with the O2, the original retailer of both the phone and insurance policy? Note that O2 Insurance is not actually part of O2 at all, they are actually Brightstar Insurance, a separate company. Thanks in advance! rune
  5. rune
    Hi BankFodder, That was what I thought to, but always best to get another opinion. I am concerned that the same solicitor's firm might at some stage seek a CCJ against me. It's one of these big groups that does all sorts of debt and legal work. I'd rather us my local solicitor whom I have used before but the insurer wants to use their own solicitor. Now I had to decide whether I'm better off using the insurers solicitor or the reputable company down the road who are about 10 mins walk from my house! Thanks
  6. rune
    Hi, My 9yo son was injured on holiday and my travel insurer wants to use a solicitor for the personal injury claim that happens to be part of a group which also collects debt and I have had some dealings with. Can anybody tell me, if this solicitor secures compensation for my son's injury, if the company can then retain it against my debts? Many thanks in advance! rune
  7. rune
    Just to update the thread - I filed the defence and nothing further has happened, so I can only assume that the other party decided not to pursue the matter. Thanks again for all the help.
  8. rune
    Done! Very many thanks for your help! What is likely to happen now? Is it usual for them to continue to pursue it in this circumstance? rune
  9. rune
    Last payment confirmed as April 2009 - over six years before the date of the claim
  10. rune
    Default date was apparently 12/2009 - as per Noddle. I am currently trying to get information from Ambrose Wilson.
  11. rune
    Date of issue: 06/08/15 Timeline: 06/08/15 + 19 = 25/08/15 + 14 = 9/9/2015 nope 33 days is 7th sept Particulars of claim: 1.The claimant claims the sum of 15xx.xx being monies due from the defendant to the claimant under a regulated agreement between the defendant and AMBROSE WILSON (xxxxxxxx) and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant. 2.The defendant has failed to make payment in accordance with the terms of the agreement and a default notice of which has been served pursuant to the Consumer Credit Act 1974. 3.claimant claims the sum of £15xxx.xx and costs The claimant has complied, as far as necessary with the pre-action conduct practice direction. Value of claim: £15xx.xx Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue debt When did you enter into the original agreement before or after 2007? Credit file shows 5/2007, but I was under the impression that was earlier? Not entirely sure which is correct. 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. Assigned to purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure on this point. Did you receive a Default Notice from the original creditor? Cannot remember. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so. Why did you cease payments? Financial difficulty, illness, loss of job, going on benefits. What was the date of your last payment? Note entirely sure, however pretty sure it was more than six years before date of claim. 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? No.
  12. rune
    The court have confirmed that I can email in a defence today.
  13. rune
    I thought I had 28 days from the acknowledgement - have I made a mistake? I was under the impression I needed to submit by the 16th of this month.
  14. rune
    I have not submitted anything to the solicitor yet. I am checking credit file again now, but I am sure it's not listed when I checked it last.
  15. rune
    Claim issued: 06/08/15 Claim acknowledged: 19/08/15 acknowledgement received: 20/08/15
  16. rune
    Hi mikeymack2002. Thanks for your swift reply! I don't know when the last payment was for sure, hence the reason for needing to CCA and request history, but I am 99% sure it was over six years ago. Two Letters were received after sending the CCA that appear to follow the standard "pathway" of trying to get payment, threatening action, etc, with no acknowledgement of the CCA whatsoever. The first one was a request to contact and make an arrangement, the second was the threat of court action if a response was not received. CCA was sent 13/04/2015. Signed for 15/04/2015. Thanks rune

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