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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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    • 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.

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      This is good ethical practice.

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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.

A & L Ppi

deb4tlj

By deb4tlj
in Alliance & Leicester

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alanalana

alanalana

Posted
Posted

Hello deb4tlj,

 

love your letter on post 32. Also looking at the Earlier posts of your t & c's You should claim the lot back and not accept the goodwill offer. IMHO The goodwill offer means they are on the backfoot. However the earlier PPI claimers will be the advisors of the future and there will be many more claims, all we need is the continued experience and the belief which is well founded that PPI has been massively mis-sold hence the fines by HFC (and the offers of goodwill to try and save the banks a few quid)

 

They are in the wrong in most cases they know they are in the wrong in most cases and are going to lose the fight in most cases. The banks are fighting a rearguard action and they are losing:eek:

 

Some on CAG will lose out but I strongly believe the majority will win:)

 

aa

 

rant over good luck:D

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Conniff

Conniff

Posted
Posted

I haven't read your entire thread Deb, but have a go at the loan application again and see if you have to tic the box to opt in or tick to opt out.

 

I remember seeings somewhere that you cannot be asked to opt out.

 

Just a suggestion

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alanalana

alanalana

Posted
Posted

hello deb4tlj,

 

I therefore respectfully decline your offer and request, once again, that you return to me all PPI payments made by myself on this account to date, totalling £1,428.35p – this amount does not include the 8% statutory interest allowed by the courts. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary at which point the 8% statutory interest will also be added to the sum applied for above.

 

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money accredited to my loan account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

My original Request for Repayment letter dated 8th July 2008 indicates that you have now run out of time to respond before I proceed to the next stage of my request which will be a formal complaint to the Financial Ombudsman Service and then the commencement of legal action. I should remind you that the FOS take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations. My deadline remains the same despite this offer. If I have not heard from you within 14 days to say if you can offer this amount, I shall be taking my complaint to the Financial Ombudsman in the first instance.

 

my apologies I should have taken more notice of this before my post 35 on your thread. Well done for taking this stance in you fight;-)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Paintball

Paintball

Posted
Posted
in your letter (post 32) you are making reference to FSA guidlines, i,m not sure they are relevant as the FSA were not regulating loans at the time you applied for yours in 2003.

 

regards (knowing i ,ll be corrected if in wrong) BB

 

 

Hi BB

 

The Principles of Business which are legally binding to lenders under the Financial Services and Markets Act 2000 and contained within the FSA handbook, are the starting point for cases of mis-selling as the lender has clearly breached these. There is additional legislation that Deb will be able to use ...

 

:)

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  • 2 weeks later...
deb4tlj

deb4tlj

Posted
  • Author
Posted

Update;

 

Received a letter this morning from A&L stating they don't believe the policy was mis-sold but as a gesture of goodwill they are going to refund all the PPI payments up to the end of the loan - just over £1500!!!!!!!!!!! There's about £600 owing which I will pay off as soon as I get the cheque deposited in my own bank account so I guess we can count this one won!!!!!!!!!!!! :D:D:D:D Many, many thanks everyone and a donation on it's way as soon as I get the cheque cleared. :p

"Never annoy a redhead - especially when she's a member of CAG!"

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alanalana

alanalana

Posted
Posted

Hello deb4tlj,

 

excellent news Well Done:grin:

aa

 

PS Don't forget to post in the PPI successes in the stickies;-)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 weeks later...
Bog

Bog

Posted
Posted

Brilliant news! :D

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

 

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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Paintball

Paintball

Posted
Posted
How do I pm a site helper Painty?

Our Site Support Team Make your selection here, Deb :)

 

You could click on the red triangle, leaving a message for the site team

The red triangle is for reporting posts, i.e., something that you may find offensive ... ;) And the little scales to the left of the triangle is for something that you are happy with ...

:D

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