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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.
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home contents cock up, iv been conned advice needed.


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hi, can anyone advise me please, in feb this year i got a call from RIGHTDEAL INSURANCE, the guy i spoke to asked if i wanted contents insurance, i told him i had recieved a quote from barclays already and was thinking of going with them as they were reasonable, the guy assured me that he could do me a better deal especially as they were offering 3 months free if i took policy out with him, he then went through usual questions, items of value, how many computers in the house etc, i then told him i had young children, so he said, (and this is exactly his words) 'If you have children then you would definately want accidental damage cover to cover the items they use such as computers, camera,etc,' i totally agreed with him and told him that my son carries his xbox 360 from one room to the other, he said that the cover he could give me would cover all that and used the example of (his exact words again) 'if your child was to come downstairs holding his xbox and he dropped it down the stairs then it would be covered.' He then gave me a quote of £11.00 per months plus first 3 months free. I thought it sounded quite good so i confirmed the agreement giving my bank details for direct debit, 1st payment was due in may 09. A few days later recieved the policy from PAYMENTSHIELD INSURANCE which is who he said i would be covered with, i opened the envelope, quickly glanced at it obviously knowing it was for my contents insurance as it was written in big letters on top and then i tucked it in a drawer happy that i could go to it if i ever needed to make a claim. its now been 9 months and iv been paying the amount every month, then a month ago my son was running down the stairs with his PSP in his hand and slipped, his psp fell all the way down stairs and broke, my first instinct was obviously to make sure my son was ok and then i laughed and said ' cor at least we have got cover so i can get u a new one dont worry, i laughed because i remembered the guy saying about my kids dropping things down the stairs and now it had happened. I pulled out my insurance papers, phone in hand to call the claim number and then.....OH MY GOD...WE ARE NOT COVERED FOR ACCIDENTAL DAMAGE!!!! the policy says in small writing standard contents cover and accidental damage not covered, I then noticed that my name was not even on the policy but the policy was in my husbands name only. I could not understand this because it was me who took the policy out, not my husband. I called them up to find out wot the hell was going on but they refused to speak to me because the policy was not in my name, oh gawd this was a joke, I then had to wait for my husband to get home to call them and authorise them to speak to me lol. Wot a farce, anyway eventually the man from Paymentshield advised me that i was obviously given incorrect information as it would have cost more than 11 per month if id had accidental cover, he told me i needed to complain to RIGHTDEAL INSURANCE as they were the ones who made the mistakes. he gave me the number to call them. well iv been trying to ring every few days and no one answers the phone and iv sent email asking for them to call but heard nothing, i called PAYMENTSHIELD again and they said theres nothing they can do. What a nightmare, iv been paying and still am paying for insurance that i didnt want, my only interest was in accidental cover, not just cover for subsidence and flooding. anyone got any advice please, im not sure if theres a law on misselling an offer like i was. I havnt cancelled the insurance yet because i worry that if i did i might not get any help. thanx in advance for any help guys x

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This is going to be a difficult one for you to resolve.

 

You claim that the person from RIGHTDEAL told you that the policy included accidental cover (and I'm stating facts here and NOT calling you a liar), if the person from RIGHTDEAL denies that (which I suspect they will) then it's your word against theirs and knowing who to believe is impossible.

 

The only real indisputable fact is that for 9 months you have been aware of what you were covered for (OK I know you didn't check or read the policy you were sent, but in the eyes of the law you received it therefore it's reasonable to expect that you read it and checked it), because of this I really doubt that you will get anywhere, but don't let that stop you from kicking up a fuss and complaining.

 

The best you can hope for is a goodwill payment from RIGHTDEAL, if they don't offer anything I really don't see you have any other argument.

 

Mossy

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lol, thats ok thanks for your replies guys, i know im an idiot for not checking the policy details properly, its one of those mindless things that us women do sometimes, especially when youve got kids running round, i know i am gonna have a job getting anywhere, im just glad that it wasnt something huge that broke like my huge wide screen tv, i was under the impresssion all these months that my prized possessions were covered. I did however find the name of the person who did the policy coz Paymentshield had his details on their screen, and they gave it to me haha, not sure if they sposed to but o well , plus they advised me that most insurance companies record calls, yipeeeeeeee i bloody hope so coz then theres no way they can deny wot i was promised, i can remember the call like it was yesterday which is why i remembered all the stuff about things being dropped down the stairs. Over the last few months there has been many occasions where something in my home has nearly been dropped or broken and iv often said thank god we are covered, hardly something i would say if i didnt think i was. Anyway fingers crossed the call was recorded coz if it was then im gonna make sure i fight for a years free cover with all the trimmings lol they owe it to me lol .wish me luck thanx again x

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id also like to know why they did policy in my husbands name, i didnt think they could do that without his permission coz its a legal document and would mean that they had set up a direct debit in his name also without his consent. we have joint bank account which is how it went through, my husband didnt even know id taken out the policy till he got home later, surely that is enough to prove how crap they were with my policy eh guys x

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That's your best (and probably only) hope. If they have recorded the call and if they come clean about having the recording and what it confirms was said then you have a real case, other than that I'd be tempted to kick up a real fuss with the manager at RIGHTDEAL.

 

It's probably worth bearing in mind that you probably wont be the only person this salesman has lied to, maybe other customers have experienced the same and have also complained.

 

It's really easy to say with hindsight that you should have checked your policy, it's not until something like this happens that you realise how important it is to do that, so don't feel to bad about it.

 

Good luck

 

Mossy

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id also like to know why they did policy in my husbands name, i didnt think they could do that without his permission coz its a legal document and would mean that they had set up a direct debit in his name also without his consent. we have joint bank account which is how it went through, my husband didnt even know id taken out the policy till he got home later, surely that is enough to prove how crap they were with my policy eh guys x

 

You may, I say may, have possible grounds to argue that the policy should be declared 'void ab initio' ie void at inception and demand all your premiums back.

 

In order to do this you would need to show that the contract was flawed, your argument would be that it was you who set the policy up, you who answered all the questions, and you who requested it. As it transpires, you now note that the policy to which you have been making payments was NOT in your name, so the insurers never spoke with the policyholder, nor did the policyholder answer any of the questions posed at the proposal stage, accordingly therefore the contract wasn't made between the two parties to it.

 

If the value of the premiums paid is less than the value of the damaged item you may want to save this line of attack until after you receive a refusal to pay out.

 

Mossy

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brilliant advice, thanx mossy, well u are absolutely right coz as i said, my hubby wasnt even aware of the policy until he came home after work so he didnt agree to anything at all, obviously he was fine with me taking out the policy once i told him about it but i cant believe they could just put it in his name without his consent, even more funny is he had to give authorisation for them to speak to me when i phoned paymentshield coz of data protection lol. The only reason RIGHTDEAL had my husbands name was because i was asked the names and ages of people living in my home. Good job they didnt do it in my little boys name lol, so kind of you to give advice, thanx mossy x iv sent e-mail again been waiting 4 weeks for answers so far, they are unreachable by phone, wot a coincidence lol.

sparky x

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send an S.A.R letter to the brokers requesting all info relating to the sale inc phone calls it will cost u a £10 fee but the info could prove very useful 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 thanx cor that sound interesting, is that where they send all the exact details relating to the policy, if it is then that would really help, especially the phone call bit, the trouble is i dont know how to get hold of them because no one answers the phone number i was given it just rings itself out and no one answers my e-mails so id be a bit worried sending them money in case they dont give me sar thing, i might end up losing out again, i dont know, wot do u think, they have got an address on their website but i dont know if im sending £10 to the right place, the website is, rightdeal.co.uk just in case u want to see it thanks so much u are all so fab x

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the sar has to be done via post id use recorded or sd as u can track it and get a portal reciept they have to comply as it is a legal request if they do not comply they are then in breach and you are at liberty to report them to the ICO Information Commissioner's Office - ICO

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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the above website link explains your rights under sar

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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also if u did decide to take them to court an sar would make your case stronger as the court will see it as pre-litigation and part of CPR PART 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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thankyou pompeyfaith that is most helpful, i just hope im not gonna send it to a shut down firm, thats all i worry about coz they are uncontactable x even paymentshield tried contacting them on the phone for me today but they agreed that the phone rings itself out. for all i know they might have closed up and gone by now lol x

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ill do some investigating 4 u this evening have u done a free conpany search 4 them at companies house website ?

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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I know they do say accidental cover,but forget to mention its only limited to home entertainment,TV,PC,SAT Box etc. Have you check the policy to see what would be covered under a/d to contents?

 

 

 

 

 

Thanks vusys well it seems i havnt even got accidental cover lol they quoted me for it and took my money but i didnt get wot i was quoted which is why im in this mess, my first post explains it all tho , thanks x

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ill do some investigating 4 u this evening have u done a free conpany search 4 them at companies house website ?

 

 

 

 

awww thanks how kind of u, no i havnt looked at that, didnt know it existed but il look, that would be of great help if im guessing right its a site that checks to see which companies are up and running yea ?? thanks pompey x

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indeed it is sparky.

 

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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RIGHT DEAL LIMITED

TCS GROUP LTD 16/18 WOODFORD ROAD

FORESTGATE

LONDON

UNITED KINGDOM

E7 OHA

Company No. 06648551

 

 

spacer.gifspacer.gifspacer.gifspacer.gif Status: Active - Proposal to Strike off

Date of Incorporation: 16/07/2008

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

Accounting Reference Date: 31/07

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 16/04/2010

Last Return Made Up To:

Next Return Due: 13/08/2009 OVERDUE

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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Right if the above is the correct company RIGHTDEAL is just a trading name the actual company is called TCS GROUP LTD the address under is there head office so I would send all mail there

 

It is also interesting that they have filed no accounts with companies house and that they are overdue.

 

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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Could also be this one

 

RIGHT DECISION INTERNATIONAL LLP

19 KATHLEEN ROAD

LONDON

SW11 2JR

Company No. OC308566

 

 

spacer.gifspacer.gifspacer.gifspacer.gif Status: Active

Date of Incorporation: 08/07/2004

 

Country of Origin: United Kingdom

Company Type: Limited Liability Partnership

Nature of Business (SIC(03)):

None Supplied

Accounting Reference Date: 31/07

Last Accounts Made Up To: 31/07/2008 (DORMANT)

Next Accounts Due: 30/04/2010

Last Return Made Up To: 08/07/2009

Next Return Due: 05/08/2010

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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Still have to be registered at companies house though but why is your address different to the one I got?

 

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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