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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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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.
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      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.

Hfc Ppi

Guess30
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If you want to post a new story then

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Guess30

Guess30

Posted
Posted

Very interesting reading. I went over my overdraft by £50 a couple of months ago. I asked for an increase in my overdraft but was refused. It was followed on by a customer service person ringing me up asking did I want to consolidate a new loan. I already have one with them at 4%. I refused and said I was surprised they could not increase my overdraft by £50 but could offer me a loan! My present overdraft is only £150. They have charged me in all over the last couple of months approximately £300 in charges - which are charges on charges. They take the charges the day before payday making it ongoing. I wrote and complained about this but HSBC said they would never charge on charges!!! Any advice anyone - I am a new member so hope I have not hi-jacked your thread.:mad:

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Guess30

Guess30

Posted
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Posted

Hi everyone - a new addition to the forums.

 

A couple of months ago I went over my overdraft of £150 by £50. I telephoned the bank to ask if I could increase the overdraft to £200 to save on bank charges. I was sent a letter saying due to the current climate they declined increasing it. I then took a telephone call from them to talk about my account I told them I had been refused the extra £50 overdraft but was asked if I would consider taking a loan out. I already have one with them which is at a rate of about 4% but they wanted me to take a new one out at a higher rate. Obviously I refused, I told them they could offer me a loan but not an extra £50 on my overdraft! Up to now I have paid approximately £300 bank charges, they take out of my account the day before I am paid meaning the next month I am back to square one. I wrote complaining that charges were taking me over and then they were charging me again but in a reply I was told that they never charge on charges. I checked my bank account you can guess they have taken another £50 the day before I am paid. I don't know how to get off this roundabout! I have just sent a letter claiming my bank charges back.

Guess30.

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BankFodder

BankFodder

Posted
Posted

Welcome. I suggest that you post your story on the HSBC forum and you will get lots of help.

 

HSBC stands for" Have Some Bank Charges".

 

Don't expect any decency or help from these people. They are greedy and ruthless and they don't care about you.

 

This forum will help you get your charges back. You will get lots of support that you will have to take some time to read around.

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mangle101

mangle101

Posted
Posted

Welcome. I suggest that you post your story on the HSBC forum and you will get lots of help.

 

HSBC stands for" Have Some Bank Charges".

 

Don't expect any decency or help from these people. They are greedy and ruthless and they don't care about you.

 

This forum will help you get your charges back. You will get lots of support that you will have to take some time to read around.

 

I like this BankFodder, so true!:D

Debt Free Since 1st September 2009:D

 

Target Savings For 2010 = £1000:)

 

Savings So Far = £700:lol:

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johnnymitch

johnnymitch

Posted
Posted (edited)

Hi guess 30 , welcome to the HSBC forum :)

 

There is quite a bit of reading to do to set yourself up for reclasiming your charges , however if as 42 man says you may have more to reclaim going back 6 years , then it'll be worth the effort .....

 

Links for new starters

 

Step by Step Instructions post OFT Test Case

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Basically the plan layout is :

 

1. Work out how much they owe you in unlawful charges

 

If you want to go back 6 years send a SAR -

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request

 

This gives them 40 days to cough up everything they have on you , which will give you a good chance to read up on further action :)........

 

2. Send a Preliminary Letter asking for it back(they'll try to put you off ):rolleyes:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/111--letter-preliminary-approach-for-repayment[/font]

 

3. Send a Letter Before Action (which they'll either ignore or try to waffle you out of it ) :rolleyes:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges

 

4. Lodge your claim with the Local Small Claims Court ......

 

Come back at this stage and we can guide you further - someone will always answer and we're a friendly lot on here ..... :D

 

Best of Luck , guess 30 - remember , keep to your timetable, not theirs and you'll get there Ok ........

Edited by johnnymitch
Removing font markings ..........
  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Guess30

Guess30

Posted
  • Author
Posted

Two questions on the above if anyone can answer:-

 

1. Am I right in thinking that HFC were a subsidiary under HSBC?

 

2. If I had a loan with HFC many years ago can I reclaim back any PPI on it, even if I don't have any details to hand. - would I just have to write to HFC?

Hope someone out there can help.

Thanks

Guess30

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Guess30

Guess30

Posted
  • Author
Posted

Dan1980

You having worked for HFC I took out a couple of loans quite a few years ago. They were paid off but I wanted to know if I could claim the PPI if any I had on these finished loans?

Thanks a lot.

GUESS30

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dx100uk

dx100uk

Posted
Posted
Dan1980

You having worked for HFC I took out a couple of loans quite a few years ago. They were paid off but I wanted to know if I could claim the PPI if any I had on these finished loans?

Thanks a lot.

GUESS30

 

yes you can.

 

start your own thread in the ppi forum.

 

your best bet would be to read the notes for claimants sticky by clicking the blue underlined forum name at the top in that forum.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Guess30

Guess30

Posted
  • Author
Posted

I had a couple of loans with HFC some years ago. These were paid off - I believe it is possible to claim back the PPI (if any) I can't remember if I had it or not. Do I write to firstly HFC head office asking them to check this out for me to see if I did have it. or not - any advice will be welcome.

Guess30

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alanalana

alanalana

Posted
Posted
I had a couple of loans with HFC some years ago. These were paid off - I believe it is possible to claim back the PPI (if any) I can't remember if I had it or not. Do I write to firstly HFC head office asking them to check this out for me to see if I did have it. or not - any advice will be welcome.

Guess30

 

Please have a look at this link and see it the dates fit for you claim.

 

FSA fines HFC Bank £1.085 million for PPI failings

 

If the dates do not fit then have a look in these links and read up to see if you can claim mis-selling. IMO you will have a case;)

 

PPI - Some Notes for Claimants..

 

Mis-sold PPI? Want your money back? use these links to help

 

a lot of work but some good information to help you get your PPi money back.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Guess30

Guess30

Posted
  • Author
Posted

Recently enquired with HFC Bank about various loans I had with them over the years. Received a reply stating that because some were over 6 years old they held no records. Is this correct? and is the time limit within 6 years as one of them was just over. Any advice welcome - thanks in advance.

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fmc001

fmc001

Posted
Posted

Guess30

 

A lot of the Banks and financial organisations will say they only hold records for 6 years when you submit a SAR. From personal experience I have submitted SAR's to about 8 organisations. Most of them use the line "we only have records going back six years". However I have managed to get records going back 15 years from one and excess of 10 years from others. However be prepared for them to mess you about. I have been trying to get all my loan and account information before submitting a claim for PPI and it has taken me over 5 months just to get the information. Do not give up and keep at them. Do not take NO for an answer.

As for a time limit for claiming. It is 6 years from when you became aware that you were misold. So if you only realised recently you were misold that is fne.

I was recently successfull with a claim on a loan I took out in 1997 and finished paying in 2001. Don't let them use this either to try and put you off.

Best of luck.

 

FMC

Abbey National SAR sent 15/03/2010

RBS SAR sent 15/03/2010

Cahoot SAR sent 22/03/2010

Northern Rock SAR sent 22/03/2010

EGG SAR sent 22/03/2010

Morgan Stanley SAR sent 22/03/2010

MBNA SAR sent 22/03/2010

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