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


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      We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

capital one ppi -say i agreed ???????

oggy1

By oggy1
in Payment Protection Insurance (PPI)

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oggy1

oggy1

Posted
Posted

hi to you all,

have got all details from capital one and have sent a couple of letters saying about the misselling of ppi.

reply from them saying it was done and agreed by me on the application form so they are not prepared to refund any payments.

i have totalled the amount and it is £127.08p.

can i claim interest on the amounts as they would have charged me that and if so does anybody know how to calculate it.

thanks.

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hellhasnofury

hellhasnofury

Posted
Posted
hi to you all,

have got all details from capital one and have sent a couple of letters saying about the misselling of ppi.

reply from them saying it was done and agreed by me on the application form so they are not prepared to refund any payments.

i have totalled the amount and it is £127.08p.

can i claim interest on the amounts as they would have charged me that and if so does anybody know how to calculate it.

thanks.

 

Hello Oggy and welcome to the forum,

 

Do you know what contractual interest they charged you. When you find it, that is the one that you apply to every payment that they took from you from the date they took it to the day you ask for it back and then the rest.

 

You can use the interest calculation spreadsheet in the bank charges template. Use either advanced excel or word. It contains three pages, one for your details, one for the charges, and the last one for the interest, which you can change to your needs.

 

If you need help ask

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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  • 5 weeks later...
oggy1

oggy1

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well i have all my paperwork from capital one and it shows on the application form the ppi is ticked 'yes'.

the credit finance agreement which they have sent does not include any signatures and to my understanding it is not a true copy as it is not signed.

the finance agreement has a section for payment protection insurance and this has not been agreed.

so am i right in saying i should not have been charged for it.

 

thanks for any help.

am trying to find out the ci % rate they charged me.:roll:

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bathgatebuyer

bathgatebuyer

Posted
Posted

I would think you have a very good case, but there are more on here who understand the CCA stuff than I do better placed to advise, but the fact that it is not signed would suggest you have a decent case to me.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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oggy1

oggy1

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thanks bathgatebuyer, having read the agreement they have sent to me it clearly states that charges would be £12.

makes you wonder why they have charged me £25.00 then??

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hellhasnofury

hellhasnofury

Posted
Posted
thanks bathgatebuyer, having read the agreement they have sent to me it clearly states that charges would be £12.

makes you wonder why they have charged me £25.00 then??

 

Hello Oggy1,

 

I looks like they have sent you their lovely new layout format of the credit agreement that they are all hurrying to do. Have you ever seen it before???? no you haven't. They reduced the charges from £25 to £12 after investigation by the fsa and oft a couple of years ago. They only thing they probably do hold is you pre-contractual application form, which probably does not contain all of the prescibed terms it should have under the CCA to make it enforcable.

 

I have just received one from MBNA is looks super, they insist it is my credit agreement and they have now complied with my ca request. The cca does allow them to omit signatures. But if it goes to court, well it is not a true copy of anything that I signed. They don't have it, that is why they are sending out these.:o

 

IMHO these creditors amoungst others, in light of the customer revolt, now realise, that they have been a bit complacent with their legal responsibilities under the CCA. They probably didn't realise, that consumers would find out, and now they are falling foul from it:D I would write back to them and challange it.:p

 

Bye the way who ticked the application form for for ppi??????

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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oggy1

oggy1

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Posted

hi hellhasnofury,

i cant remember ticking the ppi box and the strange thing, the tick is different to mine.

have you done poc for ppi because thats my next issue with cap 1 and mbna.

i have requested the original ca from cap1, again on thurs last.

any help would greatful and thanks for that info, cant see that producing copies now will be enough. :)

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mrsc

mrsc

Posted
Posted

Hi oggy 1,

 

Funny you should say that about the tick,I received my credit agreement(Application form) back from cap 1,I have posted it on my thread,I thought I was being paranoid as I thought the tick was different to mine.

 

UK aviator has had a look and he said the same thing.

 

Have a look and see what you think. Okay still can't figure out how to link to my thread:confused: It is Capital one Buchanan Clark and wells it is in the capital one thread.

 

They must have been busy ticking all the boxes as they came back.

 

Mrs c

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oggy1

oggy1

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hi mrsc,

just looking at my form again and it is different to the other ticks in the boxes,

surely they wouldnt go to these lengths:rolleyes: to get themselves out of these claims.;)

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capri kid

capri kid

Posted
Posted

Hi Oggy1,

These people must think we were born yesterday. I have just received my S.A.R. from M.B.N.A. (virgin) in which they have sent a copy of a ppi purchase form, with a tick in the box and no signature. They have written ' I confirm that the tick in the box is a valid means of establishing the authenticity and integrity of my signature', which is very funny as they sold ppi to me over the phone. From the S.A.R. I have calculated the amount of ppi paid, using the On-Line Interest Calculator, have added interest at 8% APR. The total figure has been sent back to M.B.N.A. informing them of the amount they owe, and I am now passing all the information to the F.O.S.

Good Luck :) Capri Kid

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bathgatebuyer

bathgatebuyer

Posted
Posted

Seems a few of us are in the same boat as my Halifax PPI was allegedly signed for on an application made by a mailer, yet although my signature appears to be on it, the rest of it has not been completed in my handwriting!!! Whose handwriting it is, I don't know. The Halifax insist it is mine, indeed there last letter says that they have 'analysed my signature on the form with that on my letters and believe that it is the same', which surprised me as I didn't know theywere calligraphy experts as well as bankers!

 

Anyhow, looks like I'm taking my case to court and will happily pay for a handwriting expert as part of my evidence.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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oggy1

oggy1

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hi,

have sent capital one a lba for the ppi, having stated that the ppi was not selected on the cca they sent to me , and also that it is not a true copy of the agreement.

also reminded them that they are now in criminal default for non compliance, i also said that as a concession to them i will allow a further 7 days for the agreement to be produced.

as i have issued a claim for the charges back i am waiting before i issue the court papers for the ppi.

i am also claiming compensation for the payments i should have recieved after my accident in feb 05 , but being self employed i found out the ppi was useless.

i think its worth a go???:-)

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  • 2 weeks later...
oggy1

oggy1

Posted
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Posted

recieved a letter back from capital one,

 

"as i have said before, we will not be making any refunds for ppi as you selected the cover when you applied for the card, and we will not enter into any more correspondance on this issue.

if you have any complaints , please contact the financial ombudsman.

we hope all the issues are now behind us and we can move forward now."

 

i cant believe it, they just dismissed it out of hand and wont discuss any more, just thinking about issuing court papers!!

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tonycee

tonycee

Posted
Posted

i cant believe it, they just dismissed it out of hand and wont discuss any more, just thinking about issuing court papers!!

 

Dont they ALL make you so angry.

I wouldnt waste your time trying to be nice anymore.

Go right ahead with your court claim, and shove their ignorance up their noses.

Good Luck.

Keep us posted.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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oggy1

oggy1

Posted
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hi,

have issued court papers against them and it is deemed served on the 2nd jan 2008.

put in my poc a section that they will not produce the cca as requested, if they defend the ppi , i will demand the true copy to be produced and i know they cant , or hope they cant.

 

the letter they sent to me said if i wasnt happy with them why dont i close my account, well if they close it , i will go for all the interest etc as it wasnt enforcable anyway..:)

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Todge

Todge

Posted
Posted

Oggy1

 

Whether you 'ticked a box' or not, the key issue is whether or not the company or agent properly underwrote the PPI policy.

 

For a contract of insurance, this means that they must have considered your financial situation, self-employed status, other cover that you may already have had, and so on. Contracts of insurance require this process to be carried out thoroughly.

 

Ticking a box just isn't good enough, and (IMHO) you have been mis-sold.

 

Ask for it to be cancelled 'ab initio', and for a full refund of premiums and interest charged.

 

Very best of luck.

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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oggy1

oggy1

Posted
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had notice today that crap1 are intending to defend all of the claim, should i be suprised ??

 

also had a letter from crap1 saying they will not change their response and also i had ticked the application form.

 

still havnt produced the cca as requested , so will have to wait and see now.

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  • 2 weeks later...
Bog

Bog

Posted
Posted

Good luck Oggy, I'll be following your claim with interest as it is similar to mine with Barclaycard.

------------------------------------------------------------

 

First Direct - Refund of Bank Charges...... **WON** (Offered full amount of £5200 2 days before court)

 

Amex - Refund of charges..... **WON** (£330 refunded without much fight)

 

First Plus PPI - **WON** (Full Refund of over £7000 + Interest)

Norton Finance - Owe me over £6000 for mis-sold PPI - Starting court action in the new year!

Barclaycard PPi - Ongoing (Being complete tos*ers!)

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oggy1

oggy1

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i cant believe the mistake ive made. when i applied for the card i was actually employed even though for a short while, thats what ive put on the application.

they have sent me a letter saying i will be embarrsed if i go to court on these as it is clearly wrong and i need to withdraw my claim now.

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