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

rune

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Everything posted by rune

  1. rune
    Thanks Andyorch. Could, however, an insurance company that supplies a new item as replacement, in the original packaging, be considered a retailer in this circumstance? They did, however, supply the goods to me, the consumer. I suppose we also have the issue of the selling of the insurance policy to me... Confusing! rune
  2. rune
    Thanks Andy Apologies for posting in the wrong place.
  3. rune
    Hi everyone, I am looking for some advice as to the application of the Consumer Rights Act or other relevant legislation to insurance replacements. The situation is as follows: I had an iPhone replaced under insurance in March of this year. It was replaced with a brand new, sealed unit in original Apple packaging. The phone has developed a fault 5 months after receiving it. On contacting Apple, they advised that they were not the retailer and that I should contact the people I got it from and request a replacement under the Consumer Rights Act. Apple did, however, completely accept that the fault was a manufacturing or pre existing fault and actually told me that if they had directly supplied the original phone, they would have replaced it no questions asked. I have contacted the insurance company and asked for a replacement and they have refused to replace the phone without me making a new claim and paying an excess. They claim that their T&Cs state they only offer a 90 day warranty and that the Consumer Rights Act does not apply to them. I argued that they supplied me a new item, which I have indirectly paid for as I pay the insurance premium that allowed the replacement and therefore I have consumer rights and they should replace the item. It is my opinion that they are acting in the same capacity as a retailer when they supplied the phone and hence should afford me the same rights. So, my questions are: Who is right? Should I pursue a claim or give up and pay the excess? Is there any other legislation that is relevant here? Do I perhaps have some rights with the O2, the original retailer of both the phone and insurance policy? Note that O2 Insurance is not actually part of O2 at all, they are actually Brightstar Insurance, a separate company. Thanks in advance! rune
  4. rune
    Hi BankFodder, That was what I thought to, but always best to get another opinion. I am concerned that the same solicitor's firm might at some stage seek a CCJ against me. It's one of these big groups that does all sorts of debt and legal work. I'd rather us my local solicitor whom I have used before but the insurer wants to use their own solicitor. Now I had to decide whether I'm better off using the insurers solicitor or the reputable company down the road who are about 10 mins walk from my house! Thanks
  5. rune
    Hi, My 9yo son was injured on holiday and my travel insurer wants to use a solicitor for the personal injury claim that happens to be part of a group which also collects debt and I have had some dealings with. Can anybody tell me, if this solicitor secures compensation for my son's injury, if the company can then retain it against my debts? Many thanks in advance! rune
  6. rune
    Just to update the thread - I filed the defence and nothing further has happened, so I can only assume that the other party decided not to pursue the matter. Thanks again for all the help.
  7. rune
    Done! Very many thanks for your help! What is likely to happen now? Is it usual for them to continue to pursue it in this circumstance? rune
  8. rune
    Last payment confirmed as April 2009 - over six years before the date of the claim
  9. rune
    Default date was apparently 12/2009 - as per Noddle. I am currently trying to get information from Ambrose Wilson.
  10. rune
    Date of issue: 06/08/15 Timeline: 06/08/15 + 19 = 25/08/15 + 14 = 9/9/2015 nope 33 days is 7th sept Particulars of claim: 1.The claimant claims the sum of 15xx.xx being monies due from the defendant to the claimant under a regulated agreement between the defendant and AMBROSE WILSON (xxxxxxxx) and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant. 2.The defendant has failed to make payment in accordance with the terms of the agreement and a default notice of which has been served pursuant to the Consumer Credit Act 1974. 3.claimant claims the sum of £15xxx.xx and costs The claimant has complied, as far as necessary with the pre-action conduct practice direction. Value of claim: £15xx.xx Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue debt When did you enter into the original agreement before or after 2007? Credit file shows 5/2007, but I was under the impression that was earlier? Not entirely sure which is correct. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure on this point. Did you receive a Default Notice from the original creditor? Cannot remember. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so. Why did you cease payments? Financial difficulty, illness, loss of job, going on benefits. What was the date of your last payment? Note entirely sure, however pretty sure it was more than six years before date of claim. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  11. rune
    The court have confirmed that I can email in a defence today.
  12. rune
    I thought I had 28 days from the acknowledgement - have I made a mistake? I was under the impression I needed to submit by the 16th of this month.
  13. rune
    I have not submitted anything to the solicitor yet. I am checking credit file again now, but I am sure it's not listed when I checked it last.
  14. rune
    Claim issued: 06/08/15 Claim acknowledged: 19/08/15 acknowledgement received: 20/08/15
  15. rune
    Hi mikeymack2002. Thanks for your swift reply! I don't know when the last payment was for sure, hence the reason for needing to CCA and request history, but I am 99% sure it was over six years ago. Two Letters were received after sending the CCA that appear to follow the standard "pathway" of trying to get payment, threatening action, etc, with no acknowledgement of the CCA whatsoever. The first one was a request to contact and make an arrangement, the second was the threat of court action if a response was not received. CCA was sent 13/04/2015. Signed for 15/04/2015. Thanks rune
  16. rune
    Hi, I would greatly appreciate help with a defence. Below is a summary of what has transpired: Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson. This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained. No response to CCA request at all, not even an acknowledgement. Further request for payment / threats of court received whilst I was out of the country. Received court papers from court, again, whilst I was out of the country. Acknowledged with intention to defend. My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible? Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim! Thanks! Kind regards rune
  17. rune
    Possibly Andy, I now recall that I originally got a far as sending a SAR on this card years ago as I think it had PPI and / or excess charges applied to it that I was not happy with. I didn't take it further due to things that happened in my life at the time and I'd completely forgotten it even existed until now. I'm not particularly happy with the idea of having to pay £250 for a set aside, but I'm also not happy with the final balance as I think it could be wrong. I would not be able to know this for sure though, unless I requested information from the original lender as I don't actually have the paperwork that was sent to me last time. rune
  18. rune
    HI dx100uk, I don't have a copy of the CCJ. I have looked at my credit file and it looks as if it may be an Alliance and Leicester (MBNA) credit card, taken out in 2006 and defaulted 2009. rune
  19. rune
    Thanks Andy. Therein lies the problem. I need some time to find out if this CCJ is legitimate. I am not aware of a debt to Hillesden Securities so without more information, I honestly don't know if I can offer a valid defence or not. It does not seem right though and I really don't know how I managed to get a CCJ whilst living at the address listed on the CCJ without ever seeing any paperwork, either before or after the claim.
  20. rune
    Thanks Andy Yes, I am.
  21. rune
    Hi, I'm hoping someone can give me some advice on how to handle this latter. This last week, I've recieved a Notice of Application for Attachment of Earnings Order. It appears, Hillesden Securities Ltd obtained a CCJ against me back in 2011 without my knowledge. I don't know what this debt is for and I've no recollection of receiving court papers for this CCJ and therfore I was unable to submit a defence. I was living at the address on the CCJ at the time (I am not any more). I want to find out what this supposed debt is, whether it has been properly executed and whether the CCJ is valid or if I have grounds to ask for it to be set aside. I need to submit the N56 form promptly, but how would I go about requesting that the court hold off issuing an order until I have ascertained whether I can get this CCJ set aside? Having a Attachment of Earnings order may well affect my job. Also, my partner is in receipt of DLA. I note that the N56 asks if she earns a wage, but appears to only ask about benefit and also expenses if they are mine. Obviously, DLA is specifically paid to help cover the expenses of dealing with a disability, so I don't wan't this included in calculations of income. Your help would be greatly appreciated! Thanks! Further to this, it seems that: The default amount was for £5872 The CCJ is for £6192 They want £6452.02 now Can this be right?
  22. rune
    Ok, thanks for that DX. In the mean time, however, how would you recommend that I deal with the Statutory Demand?
  23. rune
    Hi again DX, I think it's actually been closer to two years or more since the account first got into problems. I was paying Britannia directly. I think the original loan was taken out three-ish years ago. I've never paid a penny to 1st Credit. 42man: What you posted makes an interesting read. I will definitely follow up with a complaint to the OFT.
  24. rune
    Thanks 42man - reading.....
  25. rune
    Ok, on with the story the short verison is: This is one of several debts I have. This particular one was an unsecured personal loan with Britannia. I am a freelance IT consultant and I took a hit when the economy struggled. I had extended periods out of work and have worked for less then my previous rate when I have been working . Also, my partner and daughter are both disabled and and i've had to take time off to care for them. Being freelance, I am only paid when I work. I have not paid anything to this loan in about a year. 1st Credit appear to now own it. (or so they say). Recently 1st credit sent me letters. One threatening statutory demand, after which I called them but they did not accept my proposal. Then, the statutory demand. Thirdly, a letter saying they intend to now pursue a bankruptcy petition. The SD looks in order, but my knowledge is limited at best. It has A signature of representative, names a court, states the amount etc. How can I now confirm if the SD is genuine? Thanks again for your continued help! The original loan, or the 1st credit interest in it does not appear on my Experian file. The statutory

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