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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Life insurance and cancer, help please


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Hi all,

I have been refused life and income insurance by legal and General after they rejected me based on my medical report. I had cancer 17 years ago, not an aggressive tumor and my consultant is positive it will never come back. It was a very rare tumor and only a specialist consultant would know the details. Basically they have took one look at my report and refused me.

 

Can I appeal?

Can I request to see their report (not my medical records but why they refused me)

Can anyone recommend an insurance company?

Thankyou!!

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Hi.

 

I'm not sure if you can get them to tell you why they made their decision. The normal way to communicate on this would be either your GP or possibly your consultant writing to their L&G's Chief Medical Officer, they won't speak to you direct.

 

I'm quite surprised that they've done this from what you've said, I thought insurance companies were more enlightened about cancer diagnoses these days. Have they declined you or offered special rates?

 

Rather than recommend a company [which is against site rules], I would suggest you find a local IFA [independent financial adviser] who knows the market and can approach the right company for you.

 

HB

Illegitimi non carborundum

 

 

 

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Thanks so much for replying. They first quoted me a high rate, I then asked them to reconsider, I tried to explain about my illness and that it was over 17 years ago. They then came back to me and said they couldn't offer any cover at all! I'm going to ask my consultant to write a letter. I'll look at Ifa's too. Im so upset by it, I get that it's all abiut risk but I feel like I'm being discriminated for having had cancer!

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I understand, but stick with it and someone is likely to take you.

 

Again, I'm surprised by L&G's behaviour. Depending on what they come back with, it might be worth taking this further. But get your cover place if you can, that could also show L&G that they're not being logical.

 

Info from the FCA on how to find an IFA. [sorry about the acronyms.]

 

https://www.fca.org.uk/consumers/finding-adviser

 

HB

Illegitimi non carborundum

 

 

 

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L&G's response is not uncommon.

At the time ofyour illness did you have life assurance /critical illness/income protection? Did you make any claim on those if you did?

 

My Mrs cannot get critical illness cover as she got breast cancer, at first it was a DCIS and no critical illness cover pays out on that but she was claiming income protection.

However the pathologist was not happy and wanted a bigger margin for the lumpectomy as it was just becoming invasive. The Halifax paid out critical with no fuss after getting the reports, but she cannot get critical illness cover again even tho she has had the 5 year all clear and is no longer taking medication for it.

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Firstly its assurance not insurance.

What type of tumor was it. That's important.

A letter from your consultant would help but it all depends on the tumor type. L&G, at the moment, consider you as too much of a risk but a letter may change there minds but you could be paying a fortune.

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It was a very slow growing tumour, that had not d

Spread at all. I'm going to ask consultant for a letter, I hope he can do that for me and he doesn't refuse. They did quote 20 a month to start with and then jumped to 40, I asked them to reconsider and then they said "actually we think we've been too generous and we are now going to refuse cover full stop".

A want to see their reasons in writing really..

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I would advise you to try other insurers via an IFA. I could be wrong, but I thought there was a central database where life assurance companies shared information on people who aren't offered 'normal rates'. You don't want to have a load of entries on that if it exists.

 

HB

Illegitimi non carborundum

 

 

 

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