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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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Is it possible to sue an endowment company?


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I've posted this question elsewhere (... http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8543) but am posting as a new thread, well, because its a new subject really.

 

My question is whether there are grounds to sue a company who have mis-managed an endowment?

 

I'm not talking about the possible mis-selling of an endowment, but the professional negligence involved in the general running of the policy. As you will see in my other thread, if we are to cash in the policy (which I think we will do) we will actually get 3K less than we put in.

 

So I can either assume that their charges are exceptionally high, or that they are exceptionally incompetant.

 

I was thinking, from a professional point of view, if I was this incompetant then my professional indemnity would be in use quite a lot!!!

 

Anyone any ideas or experience of this matter.

 

 

Cheers.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Think you might struggle with this one but I'm sure someone will be along to prove me wrong!

 

If it's just a question of an investment losing money then I would think there's not a hope in hell. The value of investments may rise and fall etc etc. If you have any luck let me know..... my stockbroker must owe me a fortune!

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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I'm probably guessing not myself, but its a line worth thinking about.

 

Surely we pay professionals to do the job for us...

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Worth a thought. But even the most professional of professionals can't say which way the stockmarket is going to go.

 

Investments can fall as well as rise etc etc.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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  • 2 weeks later...

It is/was my wifes policy, bought 12 months before I met her. I can guarantee that she wouldn't know now whether it was unit linked, but whether she was told at the time is a different matter.

 

Unfortunatley, in this day and age, as long as people are seen to tick the right boxes, it doesn't seem to matter whether the other party understand/can afford/will benefit from a transaction. I'm not just talking about my situation here but just life in general. There seems to be very few ethical people out there that care about what is best for the client. This is magnified hugely by the banks, but its rampant everywhere.

 

Thanks to everyone who has helped me in this thread so-far.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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I complained to one of these "assurance" firms once because the salesperson had actually misrepresented the benefits available under the policy and how much I would have to pay for activating them... I found that when I came to activate particular bits which I thought were included, they wanted to charge more for them. They wrote back and said regardless of what their salesman had told me, I had signed a document saying that I had read and understood the terms of the policy and the documentation provided. Having signed that I was screwed because the terms and documentation told me exactly what they said it did... the salesman had hoodwinked me into buying something I didn't need, and there's nothing whatever I could do about it.

 

You may well be in a similar situation here.

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I think so. Oh well, you've got to learn in life which battles to fight. I think on this one I'll end up selling the endowment and just draw a line under it.

 

Such is life.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 2 weeks later...

Go to google and type "mismanaged endowment"

 

Seems there are companies out there stating they can claim back thousands, i am looking into these at the moment...

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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