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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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    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      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
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      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.

Catalogues and PPI help plz

k-amos

By k-amos
in Payment Protection Insurance (PPI)

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k-amos

k-amos

Posted
Posted

Hi there im new here so sorry if im posting in the wrong bit. i have an issue with the catalogue STUDIO and i need some advice plz.

When i first ordered from them i did not ask for payment protection and i did not tick the box that requested it. When my first statement came surprise surprise they had charged me £5 odd for pp. Now i dont know about these things so i thought, well ok at least il ahve that safety net if i cant pay. so i left it and have been paying the mnthly rate. Anyway about 6 months ago i phoned them to claim as there were issues with my payments into the bank getting to them, They told me i couldnt claim as i hadnt left my job, but i was never employed whilst using studio, im at home with my kids and have been for the past 3 years. So can they legally have even been charging me for this, ive asked them to cancel it several times but nothing. Please can someone help. thanks Kerry

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dpick

dpick

Posted
Posted
Hi

I think you must send the cca request if you did not request the PPI then they were wrong in taking the payment

 

 

Hi agree with andrew you need to CCA request to check PPI also if they have no agreement, or as I got we cannot find your agreement, then no signed agreement = no agreement to pay PPI.

 

all the best dpick:)

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  • 2 weeks later...
k-amos

k-amos

Posted
  • Author
Posted

Hi I called studio again and they said that I wasnt mis sold and that I had asked for it, however all it was is that i hadnt noticed the box you have to tick to NOT recieve it. I told them that was a blatant [problem] and they should be ashamed of themselves (yes i know, but im sure i read all the small print i always do!). I asked what had happened about stopping my payments and they said that yes they did have a record way back in 2005 of me asking to cancel and that it hadnt been done. So I asked if I could have the money back from between then and now, and she said no because my partner would have been covered! Where do I stand on this? I wasnt even with my partner for most of this! HELP!!!

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hellhasnofury

hellhasnofury

Posted
Posted
Hi I called studio again and they said that I wasnt mis sold and that I had asked for it, however all it was is that i hadnt noticed the box you have to tick to NOT recieve it. I told them that was a blatant [problem] and they should be ashamed of themselves (yes i know, but im sure i read all the small print i always do!). I asked what had happened about stopping my payments and they said that yes they did have a record way back in 2005 of me asking to cancel and that it hadnt been done. So I asked if I could have the money back from between then and now, and she said no because my partner would have been covered! Where do I stand on this? I wasnt even with my partner for most of this! HELP!!!

 

Hello K-amos,

 

They are really trying to be unreasonable and fob you off.

 

Have you sent a full SAR to get information regarding your account. if not do so now. You will find the template letter in the ppi stickies, sent it with a £10 postal order and they have 40days to comply. You want everything including telephone call recording or transcripts.

 

You mention that you tried to cancel this ppi and they would not do so. Naughty naughty. :mad: Send them a letter insisting that they cancel the ppi now, it is your legal right to do so.

 

Get your information and then get your money back, even if it just from the first time you tried to cancel it:grin:

  • Haha 1

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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k-amos

k-amos

Posted
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Posted

Hi, I did try to cancel once before a long time ago, and they said it had been done, but kept charging me and are refusing to repay the monthly payments (something to do with my partner being covered sounded like BS to me). Sorry but ive never done this sort of thing before forgive me what is a Subject access request? (bear in mind you may as well be talking to a 5 year old, I have zero knowledge of these things!) However I will find it in the stickies and send it with the postal order see what comes of it. They like to pretend they dont recieve their post so il send it recorded and frame the reciept1

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hellhasnofury

hellhasnofury

Posted
Posted

Full S.A.R - (Subject Access Request) for ppi

 

copy and paste, amend to your own details:grin:

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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dpick

dpick

Posted
Posted

Hi yes you can claim back all charges and any interest applied to them. As for your partner could claim Littlewoods tried that with me sorry the policy was in my wifes name only not joint names.

 

all the best dpick:)

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k-amos

k-amos

Posted
  • Author
Posted

I thought as much, I cant believe they tried to spin that one! Thanks I will defo claim back my charges is the procedure the same as bank charge claims?

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Guest Old_andrew2018

Guest Old_andrew2018

Posted
Posted

I agree with bookwork, it does not pay to be nice to them just assertive, from a personal persective I would give up telephoning you've no record of conversations.

You might want to send a letter explaining that in future you will only deal with them in writing.

 

Regards

 

Andy

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