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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.

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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.

Natwest ppi claim started **WON**

livingdeadguy
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pompeyfaith

pompeyfaith

Posted
Posted

Good Luck livingdeadguy if you need any help at all you are at the right place.

 

Just ask away

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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yup just your man ill do this 4 u this evening can u use the PM facility here and send me your email address so i can send u the spready PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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Right im seeing to your request now give me 1 hour then it should be in your inbox.

 

If you have any questions after i have sent it just post here as i will be around all evening to answer.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

ill be along to answer your questions this evening as im on my phone at the mo and it takes to long to type

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Right first questions:

 

I'm confused with the figures though as its over double what i would have thought we'd paid. Shows how much people are being duped by these companies!

 

Yes indeed and its higher because the interest and s69 statutory interest is fractured into the amount owed.

 

I received a confirmation letter today saying they have received my letter to claim.They have given a scale of eight weeks.

Should i wait to see what they come back with? Or should i send inthe figure that i want to claim now?

 

Any offer they give you is likely to be wrong, they need to know right away that you know what you are talking about and will not take to any half baked offer so in answer to this question yes get those figures sent to them a.s.a.p.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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yes sure can i have done credit/store cards before when u get the info though start a new thread 4 it and message me the link PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Your Welcome Oh you may have guessed, but im on a mission to help as many people as possible to get there money back and score another victory ;)

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 3 weeks later...
pompeyfaith

pompeyfaith

Posted
Posted

hiya living do u have an agreement 4 this one as it is hard to give an answer without knowing what it cost u PF

  • Haha 1

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 3 weeks later...
pompeyfaith

pompeyfaith

Posted
Posted

This offer has not been calculated as per the FOS guidelines.

 

What they have done is calculated total payments made then calculated what the payments would have been without the PPI.

 

Then taken off one from the other and offered you the difference.

 

they have not addressed the PPI policy cost which should be returned if paid up or taken off the loan if still current they also have not correctly addressed the interest 8% stat should be paid otherwise this would have been a free loan from you to them.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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Ok this is what you need to do.

 

Write back to the Natwest explaining that there offer falls below what you have paid them also include the data from the FOS regarding the name and shame link.

 

And ask if that is there final offer and if it is can you have a deadlock letter.

 

Once you have this letter you can then go to the FOS.

 

This advice is of course if you wish to press the natwest further and you are prepared to hang on longer i say that because the FOS are taking 9-12 mths to resolve cases.

 

But do bear in mind the longer the FOS take the more money you will get if they uphold the complaint because the 8% interest is ticking up daily.

 

Oh and i will go fetch a ling from the FOS which is there guidelines on how to redress PPI Complaints.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Right here is a link from the FOS have a read, you may also wish to include some of it in your letter to the natwest if you wish to take it further.

 

online PPI resource, calculating compensation

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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Yes as I say it is really down to your own personnel situation financially if you can manage ok then yes take it further and remember the 8% stat is adding up daily. ;)

 

But if you are in financial difficulty and the money now would help the situation then yes by all means accept.

 

How is Torquay today sunny I hope such a lovely place i do like Cornwall

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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Yes you sure can, also your spreadsheet just to let you know i still have a copy on my hard-drive in case yours gets lost or your pc crashes.

 

I will hold it until you tell me its not needed anymore then i will delete it ok.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

OK give me a moment im just going to go back and open the sheet to have a look.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Ok email returned to you

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

well u could request the agreement via an s.a.r,but this all depends how long the offer is open for having said that there is nothing stopping u

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

getting the agreement and start the ball rolling again if u think the offer is a fair one then accept the balls in your court PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

sorry about the 2 posts im using my fone to post this

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

thats a win then specially if it has to go to the fos now copy that recording to your pc oh and burn it to a cd rom well done just that admitance made it worthwhile

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

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id say the £662 is a partial refund of the policy now as they admitted the missell that is not good enough as u had no benefit of the policy so to that end u want the whole policy cost back into the loan not just £662

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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yup a letter to the bank with copy of recording stating the above plus 8% you want it within 14 days and failure to comply will result in the complaint being reffered to the fos

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

well done ldg u have there backs against the wall now PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

excellant work ldg now have a beer and a laugh on me

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
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This link may interest you, because as i said about the £622 which is a £1235 shortfall.

 

http://www.consumeractiongroup.co.uk/forum/ppi-media/185508-banks-fobbing-off-ppi.html

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Oh Thanks ill take a listen now

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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