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

BelstarBomb

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Everything posted by BelstarBomb

  1. BelstarBomb
    Thought as much. The date is just about within by a day - not enough for a court to rule in my favour on that I'm afraid ;-) Thanks again The Mould
  2. BelstarBomb
    I forgot to add that my spreadsheet also shows that the arrears that they quoted in the DN was actually arrears and default charges. The actual amount to remedy the breach should have been less than half. Bel
  3. BelstarBomb
    Hi, The first and crucial DN included 35 default charges of which only 19 were 'valid'. However, all but 3 of those charges were charged out at the DN rate of £25 when they should have been charged out at the late payment rate of £20. Those fees are contained within the signed agreement and they have supplied no confirmation that that their rates were going to change. At the time the DN was issued, I was still waiting for a response to a letter of complaint querying said charges and the OC didn't respond directly, their only response being a TN. Their DCA contacted us and I explained to them why we felt they had no right to do what they were doing (defective DN etc means they can't enforce etc) and they came back with the offer of paying half the fees and the arrears. We paid what they told us was the arrears and the fees. Another complaint went to the OC over the handling of that payment between the OC and the DCA as they had lied about what was said during the various conversations. A SAR was sent asking for a transcript of the conversations as the DCA told me all calls were recorded, but despite 6 requests, this has not been forthcoming! I then notice on the statement supplied by the OC that the last payment to clear the arrears was moved a month on from when we actually paid it and the default fees was moved 2 months back even though they were paid at the same time. If the default fees had been paid when they said, I would be on very thin ice as the difference in which it would have been detrimental to me would have been minimal. But I have two letters that clearly state when the payments were made from different departments within the OC's company which give the same information, so copies of these will also be presented to the court. There's a common pattern of both the OC and the solicitors amending things in an attempt to strengthen their case however I have letters to back me up. So yes, I think I have ample proof that it does not meet the requirements of the act to be acceptable. Would you agree? Bel Bel
  4. BelstarBomb
    Thank you The Mould and Bazza!
  5. BelstarBomb
    Thanks Bazza, Have just picked up on another nugget. The OC had agreed to waive some of the fees that were erroneous and at the time these made the DN defective and therefore the TN null and void. The refund was made well after both DN and TN were issued. On their statement, it shows the fees as being refunded in March however, I have a letter direct from the manager and the complaints department that show that the refund took place in May. If it had taken place in March, I would not have a valid argument. As it stands, it now appears that I can now add falsifying records to suit themselves to the mix?
  6. BelstarBomb
    Ok, Having not heard from the court, I called them this morning to be advised that even though I had sent them proof that the solicitors had lied, they are not changing the court date by either allowing my claim or allowing me extra time. Not too sure how to take or what to read into that? I'm preparing my witness statement as will need to get this to the court and the solicitors by tomorrow. Any suggestions to my previous questions on Saturday would be greatly appreciated! Bel
  7. BelstarBomb
    Just an aside, do you think I should put in a complaint about the solicitors actions? The more I think about it, the more I'm shocked. If they can lie about something like this on a sworn statement instead of holding their hands up and admitting they messed up, what else would they lie about? Bel
  8. BelstarBomb
    Phew, a little boggle eyed from all the number crunching but so glad that I did it. I put all the information that the OC had supplied into a spreadsheet broken down by week showing the contractual payments, the payments actually made and when, the charges due, the actual charges applied to the account and any charges refunded. What it showed was that firstly, instead of charging me the £20 the agreement stated for late payments, they were actually charging me the stated DN fee of £25. In addition, the agreement stated that they can only charge a DN fee if I go 2 or more payments overdue. Again, taking this from their own paperwork, there were only 2 occasions that they could charge that fee. All the other times, I was actually in credit or less than two months in arrears. The spreadsheet also shows that even with the refunds, I have been over charged and subsequently overpaid on fees which were included in the DN and TN. More importantly, when they served their penultimate DN on which they then served their first TN, from their own statement of account the amount on the DN includes the charges which were either wrong in their amount or should not have been charged anyway. Even though I had told them that the fees were incorrect and hadn't responded to my letter of complaint, they still went ahead and terminated the agreement. It also shows that I had paid more than the outstanding arrears at the time of the DN and TN after the agreement was terminated. I intend to quote the pertinent parts from Woodchester v Swain - are there any other additional cases/CCA law that anyone knows of that I can also quote? I had written to the court pointing out that the solicitor could not have served the statement of account when they said they had due to the fact the time and date stamp on the fax together with the fact it also had the date the report was run right in the middle of the page shows that it had to be sent after the date they have sworn service took place. As I have still to hear back from the court as to whether they are going to agree to my claim to have it struck out at this stage, I am preparing my case just in case. Any other support/advice/suggestions would be greatly appreciated. Thanks all, Bel
  9. BelstarBomb
    Thanks Baza, Michelle
  10. BelstarBomb
    Hi Bazza, Will do. Yes they have finally complied and the statements back up my argument, however it wasn't sent in time to meet the deadline given by the court which means I have next to no time to prepare my case. Bel
  11. BelstarBomb
    Ok, Have come back from holiday to find the statement from the claimant as well saying that unless I provide more information that they failed the order, he won't list my claim for a hearing. On closer inspection, the solicitors had dated the letter the day before the court had ordered them to supply me with the information, but the statement was not sent from the finance company until 4.55pm of the day I should have received it. It has their date and time stamp on the fax. The solicitors had stated that they had served the documents on 29th and that date of service is 31st. They obviously couldn't have served on 29th as the fax from their client clearly states that it wasn't sent until the end of the following day - to them and not me! I will be writing to the court pointing this out but should I add anything else in there as it's obvious that the solicitor has lied?? Bel
  12. BelstarBomb
    Hi Andy, Sorry for being so incredibly thick! A draft order should say what exactly as I though that information should be on the N244?? On the other hand, have just opened a letter which arrived yesterday to find that John Lewis have gone back over an old PPI claim that they rejected in 2010 and have offered me £2700 as they have now upheld my original complaint after assessing it against their new measures. Result! Thanks for your patience with me Andy Bel
  13. BelstarBomb
    Thanks Andy, And what costs am I asking for? The £80 I have to pay to lodge the N244?? The information still didn't turn up yesterday but assuming they turn up tomorrow, am I still within my rights to ask for it to be dismissed? Best wishes, Bel
  14. BelstarBomb
    Thanks Andy, I've also just looked at an N244 form which I can download so in the information box in support of my application, I basically state that the claimant has not carried out the judges order, refer back to the necessary section in .3 and .4 and that's it? Cheers, bel
  15. BelstarBomb
    Ok, just Googled it. There is a lot to read and take in, is there one bit that you can direct me to Andy that would be relevant in this situation as well as wording for the letter? Thanks Andy, Michelle
  16. BelstarBomb
    Hi Andy, No it hasn't gone yet - am feeding the sprogs! What's a CPR PD? And why would you suggest an N244? Cheers, Bel
  17. BelstarBomb
    Postman has been and gone and still no SAR - the third day after the Judge ordered the information to be with me. Off to the court to hand deliver the letter myself Bel
  18. BelstarBomb
    Do I also still fulfill my part of the order but stating that it is incomplete due the claimant not fulfilling their part??
  19. BelstarBomb
    Wow guys, I thought as much but thought the sun was going to my head and I wasn't thinking right! I think I've got the offer because they have realised that 1. I'm willing to stand up in court to fight my court 2. Legally, I have the law on my side 3. It would appear that the judge agrees with me I called the court today and said that I would give it one more day and then write to the judge and she said that was probably best. In that letter, do I state as the the claimant has not supplied the information ordered by him on date X, Y, Z I am unable to adequately fulfill and complete my statement of truth and I therefore request that the case be dismissed? I'm thinking that even with an offer to settle, they should still supply the information the court has ordered? Thanks again guys, Bel
  20. BelstarBomb
    Hi All, Just a quick one asking for your help so I can see the wood for the trees. Am fighting a long standing case where the claimant has not responded to numerous responses for a a full SAR and statement of account as I need it for my defence. A court date was set for last month and I asked the court to push it back becuase I was still waiting for missing information. He denied my request saying he couldn't make the decision without knowing if I had a valid defence. I subsequently wrote back to him detailing my defence and the CCA law that backed me up and listed why the missing information was crucial to my defence. He wrote back making an order for them to supply the missing infrmation by yesterday and for me to submit my statement of truth 7 days after that. I gave it until today to see what turns up and nothing has. Instead I received an email from their solicitors asking me to settle 'Without Prejudice save as to costs' with a lesser payment of what they say I owe. They have sent another email today asking if I was willing to accept their offer or not. The settle amount is still twice the amount I would be happy at paying and want to get a better understanding of what the implications are if I take the advice of the clerk at the court and write to the judge telling him I still can't complete my defence as the claimant has not complied with his order. What is the judge likely to do as they have not complied with his order? Knowing that their case may not be as cut and dried as they first thought, how much/long do I try and get their settlement offer down to what I am happy paying? Cheers, Bel
  21. BelstarBomb
    You're a star - thanks Brig - have a great bank holiday weekend......keeping everything crossed for some sun!
  22. BelstarBomb
    Brig, I'm going round to her's next week to help draft the following 1. Letter to Moorcroft in the vein of what you have suggested with the addition of 'vexatious' I think was the term @Citizen B used, letting them know that they have been sold a pup and send them the proof 2. Another letter to Santander including an official refund claim for PPI and to say how disgusted she is with what they still haven't supplied in writing to her and what they have done with Moorcroft 3. A letter to the FOS covering all the above and the content of this thread and then tell her to sit back and see what blows up first! If I've missed anything out on that, please let me know? Bel
  23. BelstarBomb
    Thanks Brig, To be fair to Moorcroft, Santander added it back on then 'sold' it on to them so the rell 'baddies' are Santander. I will get her to do this and now send her PPI claim to Santander. Cheers, Bel
  24. BelstarBomb
    Hi Guys, Hope you are all well? She has finally received a letter today from Moorcroft asking for the full balance - full as in they have put back the PPI that Santander admitted should have been removed. They refer to Santander as 'their client' and as of yet, she has not received a notice of assignment etc. What exactly should she write to both Moorcroft and Santander now we know who she has to deal with? Cheers, Bel
  25. BelstarBomb
    Morning Guys, Just a word of warning. The above have just got sneakier! Our phone rang this morning and looking at the display, it was a local number ie my local STD code so I picked up to find it was Red Castle who are most certainly not based where I live. It appears that they are now using phone technology that gives the appearance that the call is local which means you are more likely to pick up and answer the call. On adding the number to my Choose to Refuse it came up 0141 562 2804 which is BCW. Beware of any local numbers that you don't recognise. Don't pick up, Google it and then block it if necessary. Bel

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