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    • Not prosecuting in the public interest seems to be bandied about on forums frequented by students. I don't think I've ever seen a prosecution not go ahead because of that. You would have to define why it isn't in the public interest to prosecute someone who isn't paying their way and is costing other travellers more. I can't think of a reason. HB
    • we have known for a very very long time that 9/10 the OC never knows IRRWW are chasing debtors nor  in some cases even taking money from them that the OC never ever see!! IDRWW pockets it -  free money - lets all go on a staff holiday. there was an article some years back whereby that quoted some +£4M debtors had paid to IDRWW on UAE debts that when contacted the originating banks knew nothing about....😎  
    • let the ombudsman do their job. you'll win handsdown you dont obv owe OVO p'haps anything at all.  dont worry about Past Due credit or any other DCA ( THEY ARE NOT BAILIFFS!) as for you being added to the debt, thats quite OK, you were a resident adult and equally liable under law. once you start getting things moving via the  ombudsman dont forget to get your credit files cleansed of any negative data & seek compensation for distress etc, again the  ombudsman should sort both out for you. as you are now NOT a customer of OVO, there is very very little they can do to you now.  
    • A question - did you use the supermarket or the restaurant? I see the restrictions are different. Sign.pdf
    • DN is ok DCA NOA is ok, though not one from Newday saying they've sold it. agreement states esigned on a sunday at 11am?? really??  but no typed names or tick box nor any IP address used. if the date is correct then poss ok, it that your correct address for that time of take out? but if not, then that could simply be a copy of someone elses they've used with you details copy'n'pasted over theirs. the agreement details separate T&C's in at least 8.4. a full set of T&C containing your correct address for the time MUST be included. failure renders the agreement unenforceable... have you the T&C's too? dx
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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http://www.financial-ombudsman.org.uk/publications/ombudsman-news/144/144.html

 

144/3 – Mr A complains that his home insurance is too expensive

Mr A, in his eighties, had been living with dementia for a few years. He didn’t use a computer, and his wife, who’d always taken care of the home expenses, had died about seven years before. So after this he’d asked the insurer to send things to him by post.

 

Mr A’s nephew got in touch with us when helping his uncle out with his household finances. He’d noticed the home insurance for his uncle’s two-bedroom terraced home was £1,400. He’d found similar policies online for as little as £150. Indeed his existing insurer was quoting £300 for more comprehensive cover.

 

He’d been with the same insurer for 15 years, originally taking out the policy for £200. The policy had automatically renewed every year and Mr A had never made a claim. Mr A’s nephew complained on his uncle’s behalf that the price of the policy wasn’t fair. He told us his uncle was very upset to think his insurer had taken advantage of his loyalty.

 

In response to Mr A’s complaint, the insurer said the price was correct and that the quotes on their website were lower because of “online discounts”. Mr A’s nephew asked for our help to sort things out.

how we helped

When considering whether Mr A was treated fairly, we looked at whether he’d been given clear information when his insurance was due to be renewed. He needed to have been able to make an informed decision about accepting the price and cover offered.

 

Mr A’s renewal documents were sent to him by post. And for the first four years the price had increased very little. In the fifth year, it went up by 15% and by similar amounts after that.

 

The insurer’s renewal letters told Mr A that as a valued customer he’d received a number of discounts for making no claims and staying with them. But we thought the difference in price between Mr A’s policy and the online policies couldn’t be explained by the online discounts alone. The renewal letters also referred to other policies being available, but said that unless his circumstances had changed, Mr A didn’t need to do anything. Overall, we thought that the information he’d had at renewal could have been misleading.

 

From what Mr A’s nephew told us about his personal circumstances and his lack of direct engagement, we thought it should have been clear to the insurer that Mr A might need additional help in making an informed choice about whether to renew his policy.

 

We didn’t think the insurer had done enough to let him know there were other, potentially cheaper, options available. Increasing his price each year without taking into account Mr A’s needs had left him potentially susceptible to detriment. We thought that his vulnerability should have been apparent from the fifth policy year onwards. That was also when the price of his policy had begun to increase significantly, the original new customer discount having been recouped by then too.

 

We told the insurer to refund the difference in premiums, with interest, for each year between the price paid after five years and the subsequent renewal offers. The insurer also accepted our recommendation to pay £150 for the upset they caused Mr A.

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