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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.

      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.

About to do battle with firstplus

bobthequiz
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bobthequiz

bobthequiz

Posted
Posted

I've been lurking here for a while, learning my way around so that I don't ask too many dumb newbie questions.

 

I've finally decided to take the plunge and tackle Firstplus regarding PPI, I've just sent off my SAR letter with a cheque for £10 and await their responses.

 

I've seen that Firstplus are among the more tenacious to beat, but while I haven't done the sums yet, I suspect that it will be worth the battle.

 

I will keep this site informed.

 

Cheers

 

Bobthequiz

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Bog

Bog

Posted
Posted

Their not that hard to beat, some people have had some quick results (me included ;) ). They are a bit random on how they deal with their complaints, but you will win in the end. The sales tactics leave a lot to be desired and they know it - all they are try to do is drag out having to refund for mis-selling

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

 

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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bobthequiz

bobthequiz

Posted
  • Author
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We took the loan directly with firstplus about 4 years ago.

 

I was expecting the cashback next year and for the monthly payments to drop, I did not realise that the PPI was up front and the interest on the PPI for the life of the loan. I thought the PPI premiums were monthly like on a credit card balance. DOH!

 

So now I'm angry and gunning for them.

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Paintball

Paintball

Posted
Posted

Ah, the Single Premium PPI sale, which the FSA and the Competition Commission have discovered is the most mis-sold of all PPI products ... join the many of us, including me, who fell for that one! :mad:

 

The point is, that we are not properly informed or guided by the lenders and our lack of knowledge sadly leads us into being taken advantage of.

 

It may be a bit of a struggle, but right is on your side and I say go get 'em!! :D

 

Have you read this from the PPI in the Media section on the home page of this site? More...

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  • 2 weeks later...
bobthequiz

bobthequiz

Posted
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Okay, time for an update, the SAR reply came the other day, lots of paperwork, but no transcripts or tapes. The PPI premium (on a £60k loan) was nearly £16k.

 

I squirted it through the interest calculator and have today sent them (recorded) my 'mis-sold' letter, based on several other letters on this site.

 

I will keep you all informed how things progress and will post my letters as further samples.

 

Frankly a refund of about £20k would come in VERY handy about now.

 

Cheers

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nilrs

nilrs

Posted
Posted

hi

 

i am a newbie here and i am just about to start a battle with first plus we were sold exactly the same thing as you, our ppi was £18367.50, my husband assumed it would be a monthly thing and when we contacted them to tell them we wanted to pay the loan off he was in total shock when they told him he would have to pay the above amount. we are very angry about this and this was not explained to him properly but we needed the loan so he went ahead with it not realising. so i shall follow your case with interest.

 

nilrs

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bobthequiz

bobthequiz

Posted
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PM Me if you want copies of my letters... I'll post them for wider use if I am successful. At the moment it's the involvement of loans.co.uk that have put a spanner in the works, but they've been fined by the FSA so should (in theory) roll over.

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nilrs

nilrs

Posted
Posted

hi

 

many thanks will pm you, i have just been reading through one of the "first plus letters" and this states that "payment protection premium has been forwarded direct to the insurers to purchase the 5 year payment protection policy" although husband still though this would be paid monthly.

 

so i have the feeling we will probably get the same reply as yourself.

 

many thanks

 

nilrs (kim)

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hellhasnofury

hellhasnofury

Posted
Posted
FirstPlus have replied stating that the loan and insurance were sold to me by loans.co.uk and they've passed my 'enquiry' on to them.

 

I'll keep you informed.

 

Hello,

 

Didn't know if you were aware of this little snippet:D

 

FSA fines loan broker £455,000 for PPI selling failures

 

Now this is a rather hefty fine and therefore it shows that they have been very very bad:mad:

 

Sorry I am a bit confused as to who was the broker and who was the loan company.

 

In my experience these broker/loan mis-sold ppi are not as straight forward as they will both deny any involvement and blame each other.

 

It would be mindful to rememeber that this sale of insurance would attract a rather large commission fee as an incentive. So they both have to take some responsibility in this matter.

 

Get ready to do your homework (there is a really valuable court case precident in the ppi court bundles sticky, think it is Hurstanger v and look at the legal arguements regarding broker/loan company involvement, so you are ready for them when they respond.

 

Please keep us posted

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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bobthequiz

bobthequiz

Posted
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Thanks for that HHNF.

 

I was aware of the loans.co.uk fine, and I suspect that they're hurting a bit and we all know what cornered dogs are like.

 

Loans.co.uk were the broker, and the loan is with firstplus, at least that's who gets the dosh from me every month. Of course that explains why I didn't get audio tapes from firstplus. I figure I will wait until loans.co.uk respond to me with a bullsh*t letter and then hit them with a tenner and a full SAR letter.

 

Heck it's my money, I'm prepared to fight for it.

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amdmlivingstone

amdmlivingstone

Posted
Posted

Hi Everyone - I am also a newbie to this site.

 

I had a FirstPlus loan (Joint) which we entered into in 2004/2005. Shortly afterwards we sold our property and due to us not having a new property to buy, we moved into rented accommodation. We made £17K profit on the sale of our house and we were going to use that money to pay of some other debts and a deposit on a new property.

 

FirstPlus told us that since we sold our property and had not yet found a new one, our loan was therefore unsecure and they demanded that we paid in full. We assured them that we would be purchasing a new property with the profit we had made on the sale of our old property. When they discovered that we made £17K they made up place this with our Solicitor (on hold) for them until the sale of the property went through.

 

After the sale of our house, we released the £17K to FirstPlus. This caused a great problem to us as we were no longer in a position to buy a property, our other debts remained outstanding and we finally entered into a Trust Deed.

 

As you can imagine, we were a bit annoyed with loosing £17K. Our loan was conducted over the phone and I can not remember if we were charged a PPI and we never received a copy of our Credit Agreement to sign and return.

 

If I applied for a CCA and discovered that the credit agreement wasn't signed, do you think I would have a case against them - Even for the £17K?

 

Thank you

amdm.

Provident - CCA Request - CCA Received, challenging report with CRA.

Experian - Removal of data request - 10/11/2008 ****** WON AGAINST EXPERIAN *****;)

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  • 2 weeks later...
bobthequiz

bobthequiz

Posted
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Nope, heard nothing from loans.co.uk so wrote to them on Thursday last week, reiterating my views that the PPI had been mis-sold based on the information I'd received from Firstplus and my recollections of events.

 

I asked whether they were prepared to review this based on current information, or whether I would have to submit an SAR to them. I suspect it costs a lot more to respond to an SAR than the tenner they receive, so we shall see what their response is.

 

I don't expect them to roll over without a fight, but for the sake of a stamp I thought I'd give them a nudge.

 

I'll keep the board informed of any further developments. :cool:

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amdmlivingstone

amdmlivingstone

Posted
Posted

I sent them a CCA and an SAR today, although I did speak with a chap on the phone last week about my PPI and he said that I wouldn't get the money back as they would just credit it to my loan amount :mad:

 

Lets see what happens. I look forward to hearing your updates.

 

Take care.

Provident - CCA Request - CCA Received, challenging report with CRA.

Experian - Removal of data request - 10/11/2008 ****** WON AGAINST EXPERIAN *****;)

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bobthequiz

bobthequiz

Posted
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Well, we got a letter back from loans.co.uk saying basically that they've done everything right etc etc and take us to the FOS if you want to.

 

I have to say that if they're refunding back to firstplus and reducing payments as someone else has mentioned on this board, then I'm tempted to hold on until next year and claim the premium back!

 

Decisions decisions. :?

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pinknico

pinknico

Posted
Posted

Please remember you will only get the premium back , no interest so you will still be paying for this the length of the loan.

If you have a case for mis selling they have to make it as if you never had the PPI , return all payments made to the PPI plus 8% (if it goes to the FOS or court) to you and the rest of the payments made are taken off the loan(which is now without PPI ) meaning less to pay off, smaller monthly payments or shorter term.

 

what were your points of misselling?

Any opinion I give is my own and given without

any liability.

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