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Found 3 results

  1. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/1539.html&query=El+and+Makdessi+and+v+and+Cavendish+and+Square+and+Holdings+and+BV&method=Boolean search google for Court of Appeal ruling: El Makdessi v Cavendish Square Holdings BV the judgement which is quite recent, analysis penalty clauses and commercial justification which I think goes a long way to show that commercial justification as regards parking charge notices, which are penal by their very nature, cannot apply to these penalty charges in my opinion. Also commercial justification can only be taken into account where the terms of the contract have been freely negotiated between parties of equal bargaining power. also an appraisal of the judgement: http://www.allenovery.com/publications/en-gb/Pages/Court-of-appeal-rules-on-penalty-clauses.aspx But suppose it will all be decided in the upcoming Beavis appeal.
  2. I think I am in the right place to look for answers to my questions. my question is whose duty it is to find the pcp( provision, criterion or practice) in disibility discrimination case ? Employer, employee or the tribunal in disability in equality act 2010 ? thanks in advance
  3. hi ALL, Been looking through this forum a little and have some questions on my situation on whether I can claim or not. I have a few things.. 1. Natwest CC - with PPI recently cancelled (CC was taken out in 2002) 2. Loan With PPI - Recently paid off in full (taken out in 2007) 3. Virgin Credit Card with PPI - PPI cancelled 12 months ago. The thing is I now realise how stupid I have been having PPI on all these things and it seems clear I was mis-sold. However I am not sure I can claim or not. From memory I do not remember the conversations that were had when taking out the loan/CC`s To add a twist to the story I now live in Japan - will this impact the claim? I do not have a cheque book to send for my credit history with Natwest so would a letter be sufficient? What would the recommended complaints be? I was thikning of the following; I believe that the policy was mis-sold for the following reason/s: • I was employed at the time but your staff did not inform me that any change to this could invalidate sections of the policy during its life. I was not asked about any intended changes or informed or warned of their effects on the policy – I have since changed jobs a number of times and at least some of that I know expect would not be within the PPI remit. • I was not made aware that this PPI was a separate agreement to the loan and that I was within my rights to source this from another company • Your staff stated or led me to believe that taking out a policy would improve my chances of a successful application for a loan. • Your staff painted a scenario where I would be reliant on the insurance which would not have been true for me. • Your staff did not fully explain the policy and its exclusions to me. Is this suitable - despite the fact I can not really remember? Cheers all
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