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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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My partner has been paying £40 a month into a Pearl Saverplan for almost 10 years.

 

The policy is due to mature on the 1st September.

 

They have not paid any bonuses on the plan for 5 years now and the upshot is that she has paid in £4800 and will only receive £4718.97 back from them.

 

I believe this is a very poor show by Pearl and totally unacceptable.

She would have got more from putting £40 a month under her mattress!

 

Does anyone have any ideas as to how we can challenge this in any way?

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I assume that the Pearl Saverplan is a traditional with-profits endowment policy. Have you received a maturity statement/letter yet ? If you haven't, it is possible (although unlikely for a 10 year policy) that a final or terminal bonus may be added.

 

Do you have any of the original documentation from when you were sold the policy ? You should have been provided with a written illustration of the possible returns using 3 assumed rates of growth. The illustration would have included a line saying "You could get back more or less than this" or something to that effect. You should have also received at least a verbal summary of the investment risks attaching to the policy.

 

You may have a valid complaint if a)you didn't get an illustration,or b)the salesperson told you that your payout would be better than the illustration figures.

 

Let me known how you get on. (PM me if you feel that would be more appropriate) I used to work for Britannic Assurance, a company not too dissimilar to the Pearl, so I know a bit about how they work.

 

I can help you by providing an opinion on the merits of the outcome, but I am unable to offer financial advice.

barry

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  • 6 months later...

I read today that Pearl have an "Inherited Estate" which they will distribute & pay out to "with-profit" policyholders - but only those who have policies after July '07. Not those of us whose policies mature earlier despite having borne the brunt of Pearl's abysmal performance over the past few years. I myself will receive almost £300 less than I have invested during the 10 years of my policy.

I read your post bwfs2003 & my original policy doc. does read "you could get back more or less than this, etc" so I know I probably don't have a case but when you read articles like the one at the link below, you have to ask how & why that amount of money has accrued & why those of us who have been hit the most don't deserve to benefit.

 

Pearl - Pearl to distribute £500million inherited estate to policyholders

 

Yes I have read the small-print at the bottom of the article which states that these funds are in excess of policy liabilties but even so, the whole thing stinks.

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  • 6 months later...
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  • 5 months later...

I have just received a pay out for a Pearl policy I took out 10 years ago. This was to help my daugther with her morgage. I was dismayed to find I too was out of pocket by about £300. I feel that I was conned all those years ago by the Pearl representative who was very eager I should purchase that policy. The fact that they have put a disclamer on their documentation should not deter anyone from writing to Pearl. They will certainly receive a letter from me. I wished I had looked after the money myself, the money I HONESTLY earned and expected to have had a FAIR return or at least the money returned I had paid in. However lesson learned 'dont buy from Pearl go where your custom is valued'.

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  • 4 months later...

Hi folks,

 

Just a quick question to the wise out there with a knowledge of this 'Saverplan' disaster. My Mum recomended I start this way back in 99 when I joined the Military. Like most folk in the forces I gave saving policies a stern ignoring thinking i was safely tucking away 100 per month. After 'maturing' a bit I have started examining this policy... and yes its awful. I'm doing the 'should I or shouldn't I jump?' scenario. I'm nearly 10 years in with 4 to run an I am not sure if there is even a snowballs chance of getting a final bonus from this crowd.

 

Does anyone out there have any experience of getting the terminal ... ahem bonus... or do you think I should pull the 'yellow and black handle now?'

 

I would appreciate any and all replies.

 

Steve

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  • 2 months later...

I have just completed my 10 year sentance with a Pearl "Saver Plan" having paid £30 every month during that time (£3600). The outcome was i bit over £3000 return and this has lost me 14% on the cash I was "saving".

 

I feel that I have been ripped off.

 

I am asking the company to increase this because they are holding the £500 million from their with profits policies AND the fact that they mis-sold the plan to me in 1998/9.

 

I would have been better off by nearly £500 if I had saved my cash under the bed.and £1500 better off if I had used a standard, Building Sosiety account. I admit that the smooth salesman (Jeremy Morton) would have recieved no commission bot that was where my money went.

 

Clearly, you would be foolish to consider saving with Pearl in these circumsatnces.

 

Other savers should consider Cashing in their policies after geting a valuation. Don' use Pearl!!!

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  • 2 weeks later...
  • 1 month later...

I had a 10 year gold plan with "maturing estimate" of £6,390.23 I found out today that the actual amount they just paid me was £5,400. The salesman at the time told me that this was a "safe kind" of policy yet the lady i just spoke to at Pearl just told me that it was a "very high" risk policy. I am gutted anyone have any suggestions as to what I can do next. I am not letting this one go. Ten years of investment and they can't manage my fund for the last 15 days!! without loosing £1,000!!!

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  • 3 months later...

This is a complaint about the Pearl Assurance company.

 

14 years ago my wife and I were told that our endowments would not achieve the said amount (The endowments are with Standard Life). So a Pearl Assurance salesman came to our house and sold us a so called GOLD PLAN which after 15 years would achieve £15000 the shortfall of our endowment.

What he didn't tell us was that the premium would go up annually and what started off as £50 per month has gone up nearly 50% and is £73.50 per month, he also never mentioned there was a possibility that this wonderful GOLD PLAN would not achieve the £15000, I'm sure he must have left our house clicking his heel's with his commission in mind.

 

I happened to be surfing the net and came across a This Pearl Assurance Forum, after reading the complaints (and there are many)

i decided to look into our GOLD PLAN and 'Surprise Surprise' after my wife phoning them they tell us that the GOLD PLAN is now worth £9700 and considering we have paid in £11000 already in 14 years we have lost £1300.

We have now decided to cut and run. The plan matures in October 2009 and for it to be worth us keeping it the value would need to be over £11000 and this is unlikely to be achieved. We have complained to Pearl but they are not interested. We will be going to the Ombudsman with this case.

 

The fact is Pearl have had the benefit of our regular payment for 14 years and been able to invest our money. At the very least they should make sure that the monies paid out equal monies paid in.

 

Nobody in their right mind starts a scheme where they will lose money!!!

If we had saved the money under our bed it would still be there.

 

We have now been told Surprise Surprise that the value of our plan has gone down to £9500. I have had accounts with Pearl since I was a young lad, my father first started me with them. But as sure as eggs are eggs I will never use them again and anybody contemplating an account with Pearl should think very long and hard!

 

Mat-Flyer :mad::mad::mad:

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The fact is Pearl have had the benefit of our regular payment for 14 years and been able to invest our money. At the very least they should make sure that the monies paid out equal monies paid in.

 

Whilst I agree that you have probably been led up the garden path and mis-sold this plan and I do wish you success with the FOS. What you really need to realise is that is you make payments to a company for them to "invest" your money, over a period of time, then there is always a risk that you will lose money, the same as there is a good chance that your money will increase.

 

Unfortunately, in todays climate, the only safe place to keep your money is under your mattress.

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  • 3 weeks later...

The most important issue here is that the salesman at the time misled us using words like "guaranteed return etc " (and by us I suspect many people). Mine too was a gold plan. Exactly the same reassurances were given at time of sale. In fact I extended my policy from an existing one which performed well. if I had paid the money into a bank account of low interest returns it still would not have lost money. If a big financial company looses your money by crap management then they should be held accountable for it period.

 

I have had no luck with Pearl And I too will never use them again.Very :-x:-x:-x:-x:-x......

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  • 2 months later...

Some people may not know about Pearl's recent history.

In 1991 they were bought by Australian financial services provider AMP. Pearl up to that date had some sizeable cash reserves saved by the fact that they were not too generous when paying bonuses.

AMP took advantage of this fund and used it to acquire other companies such as NPI and a stake in Virgin Money.

In 2001, there was the terrorist attack on the World Trade Centre in New York, which caused global markets to tumble. The management at Pearl had used up the reserves in their fund, and were short for cash because of the stock market problems.

At one point, their parent AMP had to bail them out with many cash injections. It was also at this point that bonuses were slashed.

In 2002 all the Pearl agents were made redundant along with their administrative support staff. At the same time Pearl stopped taking on new business, with the exception of increasing premiums to certain products or joining a group pension scheme.

Today, Pearl exists mainly as a brand, administering the 1.5 million policies that are left. They are now owned by a parent company, Pearl Group, which has also acquired Phoenix, who own a number of closed-business life assurance providers.

The point of this message is not only did the customers lose out, but a huge number of dedicated and professional staff at Pearl were left without a job.

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