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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

      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.
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      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
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PayPlan -- Cover My Payments Insurance Reclaim**WON**


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Hi

 

Again I come to get great information and help.

 

I was with PayPlan Plus for about 5 years, paying £22+ per month for payment protection. My questions are ...

 

1 ... Can I claim Payment Protection from a Debt Management Company even though it was a free plan

2 ... Can you advise of the address of payplan as i have since emigrated and no longer have anything from them

3 ... If successful They are not allowed to pass this on as a split to the creditors are they

 

Many thanks for your help again. Very much appreciated especially as I no longer reside in the UK.

 

Grumpy Old Me ... lol

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If it was a free plan, I suspect the Payment Protection plan provided them with a commission.

 

TBH, I know nothing about this type of plan - so not really sure if you would be able to reclaim or that if you could, they wouldnt share it amongst your creditors !

 

Are there still balances outstanding?

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

Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

I am confused. Payplan offer free access to PayPlan Plus so why did they charge £22 a month for this?

 

As it stands, it would seem this is PPI and it is a huge amount.

 

I would be asking the questions of this by writing to their head office.

 

Kempton House, Dysart Road, PO Box 9562, Grantham, Lincolnshire, NG31 0EA.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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@CB

 

Yes, there is still 6 debts outstanding. Stopped paying when I emigrated and got married. I have since sent for CCA's and all bar one can't find them and Santander charges on charges and interest on interest are with the FOS

 

Anyway I understand the courts here will laugh at any attempted court action due to lack of knowledge of English Law and I have no intentions of returning to the UK.

 

The award one is Marbles (Newday) where I have about £5k in PPI but as I am now a retired expat I cannot afford to take to court due to court fees and the worry that they would actually defend in court and I couldn't get there (cost and time)

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If the debts are still with the original companies then any PPI / charges reclaim will likely be offset against outstanding balances with the companies that you are reclaiming from.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Having searched the web with reference to the Payplan PPI I have come across many threads concerning the Payplan rip off and would like to know if there is any possibility of winning a court claim.

 

The Payplan scheme is called "Cover My Payments"and is not covered by the FOS as they deem it is not PPI however the scheme is intended for people who are out of work or sickness (so what is the plan if it is not a PPI). Reading many of the threads nearly all have stated that Payplan are getting away with the comments that it is a "members only club" and the 5%/6% they deduct from the payments you make are "membership fees"

 

Over 5 years at £22.45 per month works out to be a reasonable amount and that would have paid off one of my creditors.

 

I was to understand that this "Free" company were there to help the vulnerable and those in desperate need and not to rip off thier clients

 

What would be the chances of success if taking this through the county courts

 

Many thanks for any help.

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From my own reading of the "Cover my Payment" leaflet, although Payplan state this is not an insurance product, it is administered by Trent Services who are an insurance administrator and underwrite.

 

I feel that a court claim 'may' succeed but hold fire while I ask for team input.

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Terms & Conditions: All claims must be validated in accordance with claims procedure. By becoming a member of this

Payplan Membership Scheme you are not entering into an Insurance contract. You can leave the scheme at your discretion.

 

 

https://www.payplan.com/wp-content/uploads/2015/02/CMP-Terms-Conditions.pdf

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Having looked a little further into this, it doesn't seem to have been tested with the FOS

 

PayPlan marketed this product as a membership scheme but IMO, a membership scheme would have a fixed amount each month not a variable amount based on the level of outstanding debt so it is my opinion that it is a form of PPI.

I would suggest a complaint to PayPlan and (as is likely) they reject you, see if the FOS will take a look.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I have sent payplan an email to query this scheme. They state it is a membership scheme however, the FOS disagree..

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=95461

 

I will see if I can find more

If you are asked to deal with any matter via private message, PLEASE report it.

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On the FOS site I can find only 6 complaints, all in the last year

 

http://www.ombudsman-decisions.org.uk/

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi all,

 

Many thanks for your help. I will still await to see what Silverfox comes up with then take it on from there. Will keep the thread updated whenever I get some info.

 

The only problem that I may have is that I have to send a SAR and as I am now an expat obtaining a PO is almost impossible. My bank does not issue cheques (gone out of fashion here I am afraid. Cant even cash a cheque here with my bank)

Edited by Queens_king
Addnl Info, spelling
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Do you not have friends / family in the UK who could obtain a Postal Order for you ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Family (whats left of) no, they are now all in Oz and NZ. Friends possibly but as I am 10,000km away they might be a little worried about losing £10 even though I would pay into their bank account before they sent. Maybe I can telephone them and give them my old UK Bank debit card details (only £15 in this bank so no chance of dipping) for the SAR.

 

Worth a try as it is over £1,500 before interest.

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You can ask that a friend applies on your behalf. All it would need is a letter of authority from you to them and signed by you along with photocopies of your ID. This would enable them to do the checks for you. Online banking is easy to transfer some cash to assist in getting the SAR.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 10 months later...

Hi

 

Wrote to Payplan with reference to the 13% they had been taking from me concerning their so called insurance scheme named "Cover My Payments".

 

What a waste of time as they consider this scheme to be members only but as far as I can see it is a PPI dressed up to avoid any PPI reclaims.

 

Total owed to me is around £800 but add rwo tears of interest at 8% and that would have been a great Christmas but instead I have to go via the Financial Ombudsman Service.

 

Will update the thread when I get any response from FOS

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Financial Ombudsman Service have just replied to my complaint reL PayPlan and Cover My Payments ...

 

Dear Mr X

 

Thank you for your recent correspondence.

 

Your complaint is against a debt management company and is out of our remit for investigation.

 

You will need to contact The Citizens Advice Bureau as per below:

 

http://www.citizensadvice.org.uk

 

They will advise you of the next steps to take.

 

Your complaint with us will now be closed.

 

If you have any questions, please feel free to contact us.

 

Yours sincerely

 

David de la Motta

Financial Ombudsman Service, Exchange Tower, London, E14 9SR

 0300 123 9123

[email protected]

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What! It may be about a debt management company but it's the 'insurance' you are complaining about.

 

I would write back and mention the following case file

Decision Reference DRN5870785

 

Where the FOS decided that Cover My Payments was an insurance product and as such, they could investigate.

 

Even though this decision was 21 months ago, I haven't heard that the FOS have decided not to deal with these matters any more

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 2 months later...

Excellent news. This now confirms what I thought in the first place. I will add a WIN to the thread title.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Well done QK.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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Excellent news.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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