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


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    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • tedney
      HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

      By tedney · Posted

      I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • FTMDave
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By FTMDave · Posted

      Open.
    • jk2054
      MCOL help not being paid for job

      By jk2054 · Posted

      did you submit your directions

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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.

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

Car finance chasing for arrears from 5 yrs ago.

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claire1976

claire1976

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I had my car stolen 5 yrs ago and claimed on the insurance, I also had gap insurance to cover the difference. Since 5 yrs have passed I haven't got any paper work or details of who the gap insurance was with. I just remember that it was sorted out. Now suddenly 5 yrs later the car finance people are claiming I still owe them £3500, they have no details of gap cover and are threatening legal action?!!!

I have no paperwork to support my claim and can't understand why its taken them so long to contact me about it.

I have no assets to my name as I've been undergoing cancer treatment for last 4 yrs, I only work p/t so can't afford to pay this back.

Is there a time limit on companies claiming for money?

What can I do, I'm so worried.

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KJD

KJD

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Not sure how I can help, but to help you find details of the gap insurance, have you got any statements (bank ones - I'm assuming you paid it by direct debit) from around that time. That would at least give you the company name and a reference number. Might be a place to start?

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claire1976

claire1976

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

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powelll

powelll

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

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sequenci

sequenci

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Posted
Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

 

i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

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claire1976

claire1976

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

 

Unfortunately it is less than 6 years so I can't argue on that score.:(

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claire1976

claire1976

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i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

 

 

I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

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sequenci

sequenci

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Posted
I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

 

In the eyes of what is reasonable, how would a debt of £195 grow to one of £3500 in 4 years?

 

I think you would have a VERY, VERY good ground for a defence.

 

Can you answer any of these questions for me?

 

1) How much was the original agreement for?

2) What was the original rate of interest

 

If the original loan was regulated by the Consumer Credit Act you should consider sending a CCA request and forcing the debt into dispute.

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claire1976

claire1976

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From what I can gather when the insurance company paid out the finance company included a rebate for early settlement during the financed period. Because I failed to pay the shortfall that was left between the ins company and gap insurance they say they are entitled to reclaim this rebate and have therefore added this plus costs back to my account.

I have no paperwork anymore as it was so long ago and I thought it was settled I haven't got anything to work on .

What is a CCA request?

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sequenci

sequenci

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I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.

 

The agreement would have been regulated by the consumer credit act.

 

A CCA request will allow you to send £1 and get a copy of the aformentioned info. This should be your next step.

 

remember that if they cannot furnish you with all the info, the debt will be UNENFORCEABLE.

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claire1976

claire1976

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

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sequenci

sequenci

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

 

i can appreciate that the threat of legal action might appear scary but they need ot prove that this amount of money is due. £195 growing to £3,500 in five years doesn't add up and i'm sure a judge would agree. you have a right to a statement, it will be interesting to see what it says!

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claire1976

claire1976

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

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sequenci

sequenci

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

 

well as soon as the paperwork arrives we can all help move this forward!

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