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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.pdf
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Black Horse PPI and Debt Management Plan


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Hi,

I've got a few questions. I took a loan out with Black Horse in April 2004 and they lumped £1400 PPI onto the loan plus interest at 31.9%. I've just read on another website that the Ombudsman won't look into any claims from before Jan 2005, is this correct?

The other problem is that in 2005 I took out a debt management plan who now make payments to Black Horse and I'm not sure what interest has been applied to the PPI as obviously the duration of the loan has now changed.

I've sent a template letter to Black Horse asking them to cancel any outstanding PPI and saying that I require a list of their calculations but I know I'll have to fight. Is it a lost cause though as it dates back to 2004??

Please help

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A week gone and nothing from Black Horse surprisingly. I have been looking through my figures though and the original £1400 is still on there even though the account is now being handled by payplan. Should they have deducted this once the account defaulted to a debt management plan?

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To be honest I didn't send a SAR as I already had the original contract with figures on it. Just that things got a bit messy when it went to payplan. Will probably have to go down that route though if I haven't heard anything by the end of the week

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  • 3 weeks later...

Just received a reply from Black horse claiming they did nothing wrong as they say they gave me a leaflet explaining PPI when I took out the loan. To be honest I can't remember if they did or didn't. They also go on to say that I had 30 days to cancel the PPI and as I didn't then they refuse to cancel it now!!

Any advice welcome please..

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I will keep at them. I'm still waiting for my statements, I sent them a SAR about 3 weeks ago so I'll get onto it properly as soon as I have all the correct figures worked out.

Just wanted to check if they can say they gave me a leaflet and that's all they needed to do?

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To be honest a leaflet is not a good enough answer.you should have been given details of PPI- insurance certificate applicable to your loan.

When you get all your paperwork back you'll be able to work it all out hopefully.:D Any probs post on here-good luck!!!!! shirl

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Interesting reading Loukim. Am I right in thinking they should have automatically removed the PPI when the account defaulted to Payplan as any cover is null and void?

I really coundn't answer that question but if i was you ask hellhasnofury as she is very helpfull

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  • 3 weeks later...
  • 2 weeks later...
  • 5 weeks later...

Well well, statements finally arrived today with copies of every letter, screenshots etc etc.

Black Horse are still adding interest on the account which is nearly as much as Paypaln are sending them so the loan will never go away.

They've also added £290 in 'collection activity charges' which I'll be claiming back.

The PPI was £1044, which was applied at the start of the loan with an APR of 30.9%. Do I just put that figure in a spreadsheet in a lump sum or does it decrease monthly with my payments?

Any help welcome please.

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Well well, statements finally arrived today with copies of every letter, screenshots etc etc.

Black Horse are still adding interest on the account which is nearly as much as Paypaln are sending them so the loan will never go away.

They've also added £290 in 'collection activity charges' which I'll be claiming back.

The PPI was £1044, which was applied at the start of the loan with an APR of 30.9%. Do I just put that figure in a spreadsheet in a lump sum or does it decrease monthly with my payments?

Any help welcome please.

 

Hello Honestknob,

 

See you off to a good start with them. I am in a similiar position to yourself. Loan taken out in 2001 and with a dpm with payplan. The ppi was still running for 12months after i was making reduced payments, so I would write to them and request confirmation that it has been cancelled. If it has not been cancelled, they may refund any outstanding amounts of ppi and interest off the balance owed, therefore reducing the balance. You would confirmation of the amounts.

 

Have they sent you a copy of the original agreement yet. Did you send them a request under the cca???? Have they sent you the t&c of the loan and under what contractual right can they put on "collection activity charges". and also ask them for a breakdown of it.

 

Do you know how much interest the applied to the ppi????? you need to know this to get the interest back as well.

 

Personally I would put the lump sum on a spreadsheet and work out the first figures at their contractual rate of 30.9% from the date the loan started and that is what I would be asking for first. Then work it out at the statutory 8% that the court would allow.

 

Keep at them and question everthing.

 

Good luck and keep us posted:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

I did write to them and ask them to cancel the PPI a couple of months ago. After the 3rd letter they wrote back and said I would receive confirmation it had been cancelled but I'm still waiting and there's nothing on the statements they sent me yesterday.

I do have the credit agreement from them, it's dated 20/4/04. PPI £1044.12, Interest rate per month 30.9%, Monthly PPI repayments £38.82.

 

I've just put that in a spreadsheet as a lump sum and it's come up with interest of £1028, does that sound right??

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Hi Hell,

I did write to them and ask them to cancel the PPI a couple of months ago. After the 3rd letter they wrote back and said I would receive confirmation it had been cancelled but I'm still waiting and there's nothing on the statements they sent me yesterday.

I do have the credit agreement from them, it's dated 20/4/04. PPI £1044.12, Interest rate per month 30.9%, Monthly PPI repayments £38.82.

 

I've just put that in a spreadsheet as a lump sum and it's come up with interest of £1028, does that sound right??

 

Hello HK,

 

How long did the term of the loan run for years or months?????

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello HK

 

If they charged you £38+ per month X 42 months the total comes to £1,639.44, take away the ppi prem and you have been charged £586.32 in interest. So the total you have been charged for the ppi is £1,639.44:-x

 

I have very quickly put these figures on the spreadsheet with interest at 8% (allowed by the court) from the date of the loan and it comes to an extra £487.79, plus the ppi is £2,118.23.

 

At 30.9% (31 on the spreadsheet)needs tweaking. The interest from the date of the loan is £1,884.10. So bring the total of the claim to £3,514.15

 

This is just an insight into the figures, but they will probably change if and when they cancel the ppi and refund the difference into the loan account and should reduce it.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Oh my gawd, that's some figure!!!!!!

Wouldn't I be claiming interest twice there? The monthly repayment of £38.82 allowed for their 30.9% APR and they do show interest of £586 over 42 month on the credit agreement, giving a total of £1630 for PPI + interest.

Sorry to be a pest, I just want to make sure I get this right

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You have to think of their interest and your interest as two seperate things.

 

To explain it simply, if they levy an unlawful charge of £100, and then add £30 interest to it - effectively you have paid them £130 for the breach. Therefore you are entitled to the recovery of £130 plus 8% interest.

 

 

 

 

 

 

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I've just been looking through the credit agreements they've sent me and I've noticed the dates are different on them. On the customer copy it's dated 20/4/04 which I believe is the date I actually signed. On the Black Horse Copy it's dated 1/6/04 which was actually the date they took out the 1st payment. Would this make a difference to anything??

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Also, the agreement already has all the PPI information filled in on it next to the loan information with just one box to sign for everything. I was never given an option to decline the PPI which I would have done as I had cover at work.

 

Hello Hk,

 

I am unsure that the dates will make any different, Your date may be the date you signed and their date is the date is when the agreement was executed.

 

Is there anyway that you could post up a copy of the agreement on the thread, ommiting your personal details, for others to check it.

 

I am sure that they are not allowed to apply the ppi and interest in the total charge for credit.

 

Any other comments appreciated.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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