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BankFodder

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Everything posted by BankFodder

  1. Absolutely normal. They do their best to waste your time and also the time of the courts. It doesn't cost them anything. It costs you and it costs the taxpayer so what do they care?
  2. I agree with my site team colleague above. We need to know all the facts including which company you are dealing with and an explanation of the problem. It really is too difficult to start giving speculative advice on some speculative problem that you have laid out as a generalised scenario
  3. Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look
  4. Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
  5. Send that also to the guy who's looking for it and tell him that this is what will be produced in court
  6. Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance. Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
  7. 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
  8. The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.
  9. That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
  10. I don't think it matters but whatever makes you feel comfortable. However I do think that you need to show that you are occupying the high ground and that you won't be controlled
  11. Have you started preparing your claim yet? I expect that you can hear the deadline getting closer as well
  12. Well I'm afraid that you will have to give us details. Best will in the world, you haven't explained anything or given this nothing to go on
  13. I'm sorry but the whole story is getting rather garbled and I don't fully understand. The situation is this: If you pay a registration fee for a particular service and an you decided not to take up the service then the registration fee is probably lost. On the other hand, if you paid registration fee for a particular service and they then change the service to something other than for which you registered, then you can recover it.
  14. If they changed the terms and conditions of the original agreement in respect of which you paid the deposit then yes you can certainly recover it. Have you tried and have they refused?
  15. Start off by clicking this link https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/ that will take you to the beginning of the sub- forum where you will have all the topics which have been posted – listed. The first 10 or dozen or so titles referred to threads which are "pinned" and that means that they are fixed and they tend to be information threads and are not threads which have been posted by people asking for help. If you cast your eye down the various titles you will start to understand what the subject content of each thread is. Eventually you will get to a shaded bar which is labelled "other topics". That shows you the beginning of the various request for help that have been made by people including yourself. You will probably find your own thread at the top of those or near the top. The order changes according to the most recent which has been posted. Start using the forum more and you will get to understand the pattern. If you don't visit very much then it will always be a stranger to you
  16. It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
  17. No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
  18. Was this purchase on hire purchase? Have you sent them a letter or email asserting your right to reject the vehicle? Do you want to keep it? Or would you rather get rid of it
  19. We will have to see whether they ask you if you are prepared to compromise and also if you are prepared to keep the result secret. If they ask these questions then we will certainly advise people to say – No – and – No. There should be absolutely no compromise at all with any of the parcel delivery companies and there should be no reason for secrecy
  20. Yes, but not yet. It only applies to cases which have been filed about the 20th or so of May.
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