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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Welcome/Norwich Union PPI.

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Hi everyone,I complained to Welcome Finance in August re PPI,today I received a letter from them (Final Response) they state that my complaint "is outside the relevent time limit).

They go on to say that"The rules of our regulator (FSA) state that where a complaint relates to an event that took place before 27 February 2003 we are not required to investigate your complaint.Sales of insurance made before this date were the responsibility of the insurance provider,not the broker who sold it.

They say as a result they have not investigated my complaint,and if I am not happy with their decision I should deal with the FOS..within six months.

Any help please.

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Moved to the PPI forum.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi

 

Take a look here...very similar scenario.

 

Be aware that the FSCS are handling Welcome's claims I believe.

 

ims


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Sorry ims21,I'm unclear as to what you want me to look at.

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Hi

 

I'm not surprised....idiot ims forgot to post the link.....I'll go and find it and try again....back shortly

 

ims


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • Confused 1

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks ims21,I've printed off the entire thread.Tomorrow i'll phone up the FOS to try and get more clarification,after that i'll spend the weekend trying to make a plan of action.

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Hi ims21,

I've made a couple of phone calls to the FSA,

they gave me a number for the FOS and after explaining my dilemma they agreed to investigate my complaint.

I've scanned all the relevent doc's and e-mailed them off to them.

 

By the way i looked up section 32 on the gov' website,

surely the part on the thread you pointed me to,

and incidently Bankfodder's view when he replied to a thread of mine (28/4/11) brushes aside all the protests that these companies make regarding claims being out of date.

 

Time to sit back and see what the FOS make of it.

 

Thanks for your help.

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Hi

 

Yep s32(1)© is our friend when it comes to their time barred arguement.

 

ims


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi ims,

Not very good news I'm afraid.

 

I received a call from the FOS,

they said that at that time Welcome did not come under their jurisdiction and that I should contact the FSCS.

 

When I phoned them up they said that they could not investigate any claims prior to 14/1/2005 and that I should go back to the FOS

,I even quoted the Limitations Act(sect 32)

 

They had no knowledge of it, and again said I should phone the FOS which I have done and I'm waiting for a call back.

I have the distinct impression that the people at the FSCS are reading from a script,if you are inside their time constraints ,no problem,however if you're outside of it they don't want to know.

 

Does anybody have another way forward that I can take.

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I've just been looking at an article in Martin Lewis' moneysavingexpert.com.(updated 25/10/11)

 

In it he states

"If your account was still active in the last six years you can claim.

So a loan taken out eleven years ago and repaid in full five years ago is fine,

in rare cases you can go back further"

 

Do any of the SITE TEAM have any views regarding this.

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Does anyone know which body Welcome had to answer to in 2001.

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Hi everyone,

I recently received a letter from Welcome Finance which stated...

" I am writing to you regarding the complaint you made regarding mis-sold Payment Protection Insurance (PPI) which we responded on 23/08/11.

 

Whilst we were unable to agree you were mis-sold PPI on account number(s) xxxxxx and your complaint was rejected, in line with the Financial Conduct Authority (FCA) policy statement PS17/3 issued in March 2017, you can now make a further complaint against Welcome Financial Services Limited under section 140A of the Consumer Credit Act 1974, in relation to it's failure to disclose commissions associated with PPI sold to you ".

 

The problem that I have is after they rejected my claim I phoned the Ombudsman and was told that it was not possible to pursue Welcome for PPi. When I was told that I destroyed all the doc's relating to the loan, these included the original loan application, the terms of the loan and PPI details.

 

In view of this new letter from Welcome will I now be able to pursue them for the PPI plus interest that they owe me.

Edited by dx100uk
Spacing

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Ive merged your old thread for history

 

Youll find this new letter is to do with the recent plevin ruling about the backhander commission hey got for selling the ppi for the underwriter


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks dx100uk, Took me a bit of time to understand what you did.

 

What I'm really trying to find out is do I have a chance at getting back my PPI from these slippery people.

 

How much of a factor is it whether or not they were members of the General Insurance Standards Council. Also is it worth firing off a SAR.

 

I've just been on the Welcome website and found the following under FAQ'S......

......I says that the FSCS declared Welcome in default, because it's unable or likely to be able to pay claims in relation to PPI etc.

 

Later it goes on to say that the FSCS is now responsible for PPI and other insurance claims against WFSL sold on or after 14/01/05...

 

.this seems to be saying that all claims prior to that are null and void....what is the deciding figure that makes them set a certain date for proper and improper conduct.

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You're not getting back your ppi but their commission under the new FCA plevin ruling

Go read post 39 again


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Can you tell me the date of that post.

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Today


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Still trying to get my head around this...

 

I had a quick look at PS17-03 and Plevin but but it's not exactly a quick read, but I could not find a date beyond which you could not claim.

 

Also are you saying that WFSL are not liable now for any PPI they mis-sold and that I must discover who was their insurance broker and chase them or are the FSCS taking over the compensation (this seems unlikely).

Or is the bottom that I should just write it off.

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:noidea:Not really sure what you are not simply understanding...

The plevin ruling on Commission paid to the OCwas only 2yrs ago

there is no time limit on something the FCA did only 2 yrs ago!!!!!

 

It is nothing to do with any ppi claims now or in the past.....other than it was refused


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Bottom line then....should I send off a SAR to WFSL.

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Why?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Sorry to trouble you dx100uk...all I wanted was a simple bit of help, instead received a couple of one word replies and short curt answers...I won't trouble you again.

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It explains eveything in their letter

Doesnt ask you to do anything other than put a claim inh

 

We want to give you money that FCA have ruled we must but we need your ok to do so....


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks dx100uk,

Put that way it does seem pretty straightforward, I just got off the phone to the Ombudsman and they suggested that I asked WFSL to look into the "commission aspect" of the deal. Does that make sense to you, also is there a template letter that addresses this matter.

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