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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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    • BankFodder
      Evri lost 2 parcels approx. £600 (part 2)

      By BankFodder · Posted

      Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • jmxo
      Evri lost 2 parcels approx. £600 (part 2)

      By jmxo · Posted

      Ok! Do you still want me to work on that letter you discussed above in post #26?
    • lookinforinfo
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By lookinforinfo · Posted

      Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
    • dx100uk
      EON trying to take payment after a year... should I pay?

      By dx100uk · Posted

      opps this is going to get messy then if they don't refund. you should never keep util accounts in credit.
    • singleton
      Shock reveal BPA/IPC joint parking code. RAC flabbergasted, pensioner launches petition.

      By singleton · Posted

      https://www.rac.co.uk/drive/news/motoring-news/new-private-parking-code-to-launch-in-the-uk-later-this-year/ The newly created gov petition 'Immediately Reintroduce Private Parking Code of Practice' is from Stanley Luckhurst, the 85-year-old old Excel Parking took to court. Excel lost the case and the pensioner's been campaigning for regulation of PPCs since this unpleasant experience. https://www.bucksfreepress.co.uk/news/24085471.gerrards-cross-pensioner-takes-nightmarish-private-parking/ I would urge anyone on this forum who supports the petition statement "We believe the private parking industry is trending toward anarchy and must be brought to order by re-launching the Government Code immediately" to sign and share it. 168 signings at 4pm today https://petition.parliament.uk/petitions/660922 If the gov new parking code is not launched before parliament dissolves (for the general election) then the legislation is at great risk of being shelved. And we'll be stuck with ATAs new joint code which does not address motorists issues such as a cap on parking charges, debt recovery or an independent appeal process.  https://www.parliament.uk/site-information/glossary/wash-up/

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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.

      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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      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.

Does CCA request apply to insurance company?

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Hi there can any one offer advice on this please.

 

My friend cancelled an insurance policy which he had been paying monthly.

The broker then sent an alleged bill for almost £100 including a cancellation fee of over £40 and an alleged outstanding balance despite taking regular direct debits.

 

They ignored a request for a breakdown/explanation of the charges.

 

They then passed it to a DCA who added £25 admin fee.

 

The original broker then wrote to advise the DD had been cancelled and my friend had 7 days to get in touch or the insurance would be cancelled

(THIS IS AFTER THEY HAVE CONFIRMED CANCELLATION OF THE POLICY!!!)

 

My friend sent the broker a CCA request giving them 12+2 days to produce the Credit Agreement.

 

They have just written back confirming receipt of the letter and sent a complaint procedure booklet.

 

They have said they will 'review the issues raised' and contact my friend 'within 20 business days'.

 

They have not mentioned the CCA or the £1 postal order.

 

As they are a creditor and the alleged agreement was covered by the CCA do the same rules apply?

 

What do we do next? Just wait for them to default or remind them of the rules?

 

Thanks.

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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heliosfa

heliosfa

Posted
Posted

IIRC, Insurance Policies that are paid monthly are Credit Agreements (my OH's with Tesco's is) and yes, they are covered by the CCA.

 

They are a Debtor-Creditor-Supplier Fixed-Sum Restricted-Use agreement.

 

To try and get you a bit more help, can you answer some questions?

 

  • In the CCA Request, did you ask for a statement of account?
  • Was the policy cancellation confirmed in writing?
  • Have the insurer terminated the credit agreement?
  • did they issue a Default Notice?
  • was the "debt" sold to the DCA or are they just collecting on the broker's behalf?
  • are they demanding complete payment of the agreement? or some arrears?

 

Sorry for all the questions, but the more you can answer, the more help you can get!

 

thanks,

H

 

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Hi thanks.

Yes I asked for a breakdown showing all debits & credits.

 

Yes they confirmed cancellation in writing. However, the most recent letter contradicts this saying the DD should be re-instated to prevent cancellation.

 

Yes they cancelled it with the insurer as they referred to a 'return premium from insurer'.

 

They sent the 1st letter confirming cancellation stating their were outstanding costs including breakdown cover for remainder of year and a £45 cancellation charge.

The next letter claimed to have passed the case to a DCA called icon collections international limited with a further £25 admin charge.

The next letter was from DCA confirming this.

However most recent letter made no reference to any of above just simply stated that DD was cancelled and needed resetting within 7 days or the policy would be cancelled.

Dont know if DCA is independant or collecting on behalf of..

 

They claim there are outstanding costs £45 cancel fee, some for recovery and difference between return premium and balance. They reckon the interest reduction is £33, about half of the yearly despite only being in force for a couple of months!

However, the monthly collections made by DD should cover the period of insurance.

 

The car is off the road by SORN and the MOT ran out in Jan so the insurance would have been invalid anyway so why would anyone pay insurance they dont need!

 

We sent a copy of the SORN which is effective from 01-01-09.

The insurance only started on 25/11/08 and 3 monthly payments were taken so if anything we should get a refund!!!

 

Thanks for your time.

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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My friend has just had a card through the door from Royal Mail for an undelivered 'packet' which required a signature.

 

Hmmm! We are now thinking..... CCA response - or summons??? (Gulp!)

 

Wont find out yet cant obtain packet for 48 hours!

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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palomino

palomino

Posted
Posted

It won't be anything from the courts as they use ordinary post.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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The CCA request expired on the 16 April (if you allow 2 days for Easter) and they have not been back in touch yet.

I am just drafting up letter 2 for default of CCA request.

 

It appears that this is normal practice for Swinton to add on made up charges upon cancellation of a policy.

Maybe they should change their name to 'Swindle'!!!

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Can someone please comment on this please...

 

It has just been suggested that the CCA1974 Sec 16(1)a states that the CCA1974 does not regulate insurance companies.

However my previous insurance documents clearly state, where I have paid monthly, that the agreement is regulated by the Consume Credit Act 1974.

Is this because the creditor is the broker and not the insurance company?

 

http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/159649-problem-swinton.html

 

Please advise!

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Docman

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To clarify, the CCA 1974 does NOT cover an insurer issuing an insurance policy where the premiums are paid by installments.

 

When you pay your car insurance by monthly installments, you will find you are signing up to a loan (which is regulated by the CCA. The amount loaned (usually by a subsiduary or bank connected with the insurer) pays the insurance premium in one go and the driver then makes the loan repayments. Quite often you find there is a lot of paperwork when you renew. Most of this relates to the loan.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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To clarify, the CCA 1974 does NOT cover an insurer issuing an insurance policy where the premiums are paid by installments.

 

When you pay your car insurance by monthly installments, you will find you are signing up to a loan (which is regulated by the CCA. The amount loaned (usually by a subsiduary or bank connected with the insurer) pays the insurance premium in one go and the driver then makes the loan repayments. Quite often you find there is a lot of paperwork when you renew. Most of this relates to the loan.

Thanks...

So if the brokers are the ones threatening legal action to recover an alleged outstanding balance, then surely they cant do this as they are not the creditor in this case???

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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*WON*!!!

Have just received a letter from Swindle.

 

"BLAHBLAHBLAH...

However, as we are now aware that you took the vehicle off the road on 1 January 2009 and as a gesture of goodwill I have agreed that Swindle will not continue to pursue the outstanding balance. I have spoken to Icon collections and they have now closed their records. I can assure that this will in no way affect your future credit rating.....

 

If we do not hear from you within 8 weeks we will consider the matter closed"

 

RESULT!!!

 

 

So all you people out there being "Swindled"

 

GO GET EM!!!!:grin:

_______________

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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*WON*!!!

Have just received a letter from Swindle.

 

"BLAHBLAHBLAH...

However, as we are now aware that you took the vehicle off the road on 1 January 2009 and as a gesture of goodwill I have agreed that Swindle will not continue to pursue the outstanding balance. I have spoken to Icon collections and they have now closed their records. I can assure that this will in no way affect your future credit rating.....

 

If we do not hear from you within 8 weeks we will consider the matter closed"

 

RESULT!!!

 

 

So all you people out there being "Swindled"

 

GO GET EM!!!!:grin:

__________________

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"On a mission" :wink:

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Well it's all thanks to all the help and information I have received on here so thanks to all and a donation is to follow shortly. :)

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'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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