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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.

      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.

Eve V GE Money PPI

Eve22
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Eve22

Eve22

Posted
Posted

Hello fellow reclaimers,

 

I am just starting out in the process to recover the PPI on my previous Dorothy Perkins Store Card.

Sent first letter stating i believe i was mis-sold .....

Received prompt reply stating that they believed the policy was sold correctly, the FSA'a regulations are irrelevant as it was purchased pre Jan 2005 and that i have no evidence of mis-selling.

 

And so...

 

I have started my reply, stating that i am fully aware of the FSA's ruling and that there was still a code of practice in place pre 2005, of which i believe the rules to this were not upheld by the sales advisor in store. (Not asked about pre-conditions, not told cover was optional, etc etc)

 

Now i have writers block,

 

They are giving it the usual..

 

You signed for the box for the PPI (was just told to tick the boxes with the crosses)

I had the 30 day cooling off period to cancel/complain.

 

Any help or advice would be greatly appreciated.

I hear GE are real fighters! :(

 

Many Thanks!

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chipbeck

chipbeck

Posted
Posted
Hello fellow reclaimers,

 

I am just starting out in the process to recover the PPI on my previous Dorothy Perkins Store Card.

Sent first letter stating i believe i was mis-sold .....

Received prompt reply stating that they believed the policy was sold correctly, the FSA'a regulations are irrelevant as it was purchased pre Jan 2005 and that i have no evidence of mis-selling.

 

And so...

 

I have started my reply, stating that i am fully aware of the FSA's ruling and that there was still a code of practice in place pre 2005, of which i believe the rules to this were not upheld by the sales advisor in store. (Not asked about pre-conditions, not told cover was optional, etc etc)

 

Now i have writers block,

 

They are giving it the usual..

 

You signed for the box for the PPI (was just told to tick the boxes with the crosses)

I had the 30 day cooling off period to cancel/complain.

 

Any help or advice would be greatly appreciated.

I hear GE are real fighters! :(

 

Many Thanks!

 

 

Be prepared for a tough fight love. I've got a thread on here for my wifes debenhams card. If you read that you will be able to see that they are under the impression they can do and say what they want.

 

Good Luck.

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Eve22

Eve22

Posted
  • Author
Posted

This is a copy of the letter i sent to GE:

 

Dear Sir or Madam,

 

Re: Dorothy Perkins Account number: ***** *** **** ****

 

I am writing in relation to the Payment Protection (PPI) Policy on the above account which I purchased from you in November 2002 but now believe that I was mis-sold this policy for the following reasons:

 

This is due to the fact that I was not given the correct information when the policy was sold to me, as

 

  • Your salesperson did not tell me that the policy was optional

  • I was only provided with information of the store card with PPI attached.

  • I was not asked whether I already had any existing insurance or employer benefits that would cover my repayments.

  • Your salesperson did not give me full information on what the policy would and would not cover.

  • I am concerned the sales assistant that sold me the policy has no financial background and the policy was not sold in my best interests.

This is also due to the fact that you have previously been fined by the Financial Services Authority for failing to have adequate systems and controls for selling Payment Protection Insurance (PPI) and for failing to treat its customers fairlyand I believe that this is the case with my policy.

 

Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made.

 

I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.

 

Yours faithfully,

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adamski

adamski

Posted
Posted

OK

Your best bet is to see if they have a credit agreement, I found they had none for my wife, that and her medical condition gave us a full refund.

 

If they have no credit agreement they cannot prove if you asked or agreed to the PPi

 

 

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adamski

adamski

Posted
Posted (edited)

can you post it on here please?

 

The chances are they will not have a copy of the agreement, if they have not sent you a copy i very much doubt they have one.

 

Check your copy and see if there is a box on it to say you asked for PPI, if there is then write again to GE or ring them and ask for a copy of the credit agreement, do not tell them you have one, if they cannot provide one then they have no evidence that you agreed to the PPI perfect grounds for a full refund so write again when they admit they don't have one stating this, if there is no box ticked for PPi then write and send them a copy of your agreement and ask for refund because you never agreed to it.

 

Hope this makes sense

Edited by adamski

 

 

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Eve22

Eve22

Posted
  • Author
Posted

There is no box to select. just the part which states 'sign here if you require ppi' which the sales advisor did not mention during the sale and then at the end asked me to sign at the crosses (which stupidly i did without thinkin, as i was not told it was optionl)

 

Will scan and post a copy on here as soon as i can.

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chipbeck

chipbeck

Posted
Posted
OK

Your best bet is to see if they have a credit agreement, I found they had none for my wife, that and her medical condition gave us a full refund.

 

If they have no credit agreement they cannot prove if you asked or agreed to the PPi

 

 

Not hijacking the thread but I was sent the CCA which showed no PPI yet they still won't pay out.

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adamski

adamski

Posted
Posted (edited)
Not hijacking the thread but I was sent the CCA which showed no PPI yet they still won't pay out.

 

Then you should take them to court, if not themn write again and ask them to explain in detail why they wont refund when you have not agreed to it.

Edited by adamski

 

 

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chipbeck

chipbeck

Posted
Posted
Then you should take them to court, if not themn write again and ask them to explain in detail why they wont refund when you have not agreed to it.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/144780-cca-debs-card-shows.html

 

Unfortunately they didn't keel over as you expected adamski so unfortunatel I'm going to have to go down the court route.

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chipbeck

chipbeck

Posted
Posted
seriously even if they have sent you a final response keep going i did and i am getting a full refund plus interest.

 

 

No problem I will. Did you at any stage receive the 'You asked for it over the phone' reply or did they pay up before that stage?

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adamski

adamski

Posted
Posted

No the agreement was signed and PPI box ticked.

 

My grounds were pre exsisting medical condition not explained, GE Money refunded on a store card for this reason but GE Home Lending would not refund on a secured loan PPi,

 

So i sent them a copy of the letter from GE Money saying that they were wrong to sell the policy to us, this after GE Home Lendings Final Response and they wrote back and offered me a full refund plus interest if i gave them documentary evidence of when the condition was first diagnoised, I had already sent them evidence that my wife had the condition but not when it was diagnosed which was 18 years ago so I expect a full refund any day now.

 

Persistence does pay off.

 

 

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