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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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    • dx100uk
      Judge & Priestly

      By dx100uk · Posted

      when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • Bhindi lover
      Judge & Priestly

      By Bhindi lover · Posted

      I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • dx100uk
      PRA Group - PAPLOC now Claimform - Halifax Loan £20k+

      By dx100uk · Posted

      Please fill this out   Dx Pl

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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

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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.

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      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.

Harsh Letter received from Kensington *Claim struck out in court*

jamorgan

By jamorgan
in Mortgage companies

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lellypea

lellypea

Posted
Posted

ditto Hulse Morgy - if you have paypal a/c pm me if you prefer.

 

Hugs

 

lel

2006 RatNest - Personal a/c:

JulyLBA, Aug Filed Claim, Oct Settled in full £7,000

 

2006 RatNest - Ltd Co a/c

JulyLBA, Aug Filed Claim, Oct Settled in full £8,000

 

2006 RatNest - Hub's a/c

JulyLBA, Aug Filed Claim,Sept Settled in full £1,000

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  • 2 weeks later...
Nottingham99

Nottingham99

Posted
Posted

Having read all the comments on the kensington letter it seems to me that the structure of the charge merits comment.In my case the charge was expressed as 6% of the redemption sum in the the first three years of the mortgage and nothing thereafter.Purely arbitrary and very difficult to present as a rational estimate of the loss they might suffer. Also even at a discounted interest rate for the first three years,their rates were still above the regular market.Their letters are intimidating but mostly bluff.It must be called

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zootscoot

zootscoot

Posted
Posted

On the grounds that:

 

1. there was no breach of contract because Jamorgan was exercising a right contained in the contract to terminate early.

2. The term was not subject to the Unfair Terms in Consumer Contracts Regulations because it related to the adequacy of the remuneration or price.

3. Kensington were entitled to their legal costs under the indemnity clause contained in the mortgage.

 

The issue of whether the charge amounted to a penalty did not arise because there was no breach of contract.

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  • 2 weeks later...
rubber duck

rubber duck

Posted
Posted
Thankyou, thankyou,

so much for all the support you guys

and good luck

x

 

 

Jamorgan..

you are one brave,courageous and ballsy individual..go and give them hell ..we are right behind you all the way as there are hundreds more claims on the way and believe me they shall not be able to defend them all however big their litigation department is!

 

good luck!

r.d.

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Tigs33

Tigs33

Posted
Posted

I am also happy to make a donation.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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lellypea

lellypea

Posted
Posted

Watchin an waitin Morgy...........

 

hugs

2006 RatNest - Personal a/c:

JulyLBA, Aug Filed Claim, Oct Settled in full £7,000

 

2006 RatNest - Ltd Co a/c

JulyLBA, Aug Filed Claim, Oct Settled in full £8,000

 

2006 RatNest - Hub's a/c

JulyLBA, Aug Filed Claim,Sept Settled in full £1,000

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pipefitterplumber

pipefitterplumber

Posted
Posted

Hi i dont know if this is any use in claiming back these nasty erc's, but Tom Brennan the barrister whose taking natwest to court, is using a different approach to claim his bank charges maybe this could be used for erc's

 

 

If anyone is interested, here is Tom Brennan's website.

 

www.tombrennan.co.uk

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alanfromderby

alanfromderby

Posted
Posted
Hi i dont know if this is any use in claiming back these nasty erc's, but Tom Brennan the barrister whose taking natwest to court, is using a different approach to claim his bank charges maybe this could be used for erc's

 

 

If anyone is interested, here is Tom Brennan's website.

 

www.tombrennan.co.uk

 

No, it has no bearing on ERC's whatsoever.

 

 

 

 

 

 

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blidge

blidge

Posted
Posted

Hi Jamorgan

 

Still watching with bated breath. We had to sell our house, as I told you before, to avoid repossession, but if we hadn't had to pay the ERC we might have had something to put down on something else, Good luck

 

Blidge

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jamorgan

jamorgan

Posted
  • Author
Posted

I hope we can get some justice for you too Blidge.

 

Just recieved a letter from Drydens solicitors

 

Please note that unless we recieve your satisfactory proposals to repay the judgement debt by 4pm on the 26th April 2007, our client will have no alternative but to enforce the judgement debt through the court.

 

A couple of days ago I recieved a letter from Drydens (for the secound time) requesting, could they have a copy of the transcript

There having a laugh!

 

Not sure what to do now with this

any thoughts

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gizmo111

gizmo111

Posted
Posted

My thoughts are if you are appealing the the jdgement is in dispute anyway, and could be overturned, but this is costs awarded on their indemnity so even if you win the appeal you could still be liable for their costs?

Dunno how best to advise you here - hopefully zoot will. No doubt she will be along later.

Consumer Health Forums - where you can discuss any health or relationship matters.

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rubber duck

rubber duck

Posted
Posted
I hope we can get some justice for you too Blidge.

 

Just recieved a letter from Drydens solicitors

 

Please note that unless we recieve your satisfactory proposals to repay the judgement debt by 4pm on the 26th April 2007, our client will have no alternative but to enforce the judgement debt through the court.

 

A couple of days ago I recieved a letter from Drydens (for the secound time) requesting, could they have a copy of the transcript

There having a laugh!

 

Not sure what to do now with this

any thoughts

 

Jamorgan..

how about creating a "fighting fund" for everybody concerned when they are taking kensington to Court???

this fund can be used to help people to continue their cases even if there was a risk of costs being awarded against them.. in most cases,the judge would not order these costs as long as the refunds are below £5000.- as we all know,therefore the risk is minimal...

 

what does everybody say??

 

consider this ; if everybody who had been hard doe by kensington paid only £10.--each for this fund,we shall have more than enough to represent everybody and believe me this will put the scares up the Big Boy! and many similiarly featured other companies too!

what do you reckon..worth a shot???

my £10.- ready when you are!

 

keep the faith.

R.D.

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Pliny the Penuriosus

Pliny the Penuriosus

Posted
Posted

Indemnity for costs was never intended to protect mortgage lenders from the consequences of unlawful or unfair practice. It was introduced to protect the funds of ordinary society members before they became banks.

 

My view is that you should link unlawful penalty charges together with the ERC as one claim. If you establish that the charges are unlawful then you argue that your contract/agreement has been breached by the lender. Therefore the indemnity clause no longer applies

READ THIS:

http://www.mirror.co.uk/news/topstories/tm_headline=stalked-by-my-bank%26method=full%26objectid=19168032%26siteid=89520-name_page.html

 

Nunquam Iterum

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jamorgan

jamorgan

Posted
  • Author
Posted

Thanks for the info Zoots, were getting a little bit of movement now,

sending all the documants he requires today to the barrister at the given address.

Fingers crossed everyone

Morgy x

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hulsevictoria

hulsevictoria

Posted
Posted

Fingers Crossed.

Yep as someone said. Money waiting for you. Just give me the details in a private message.

Good luck.

Subject Access Request for Kensington sent:23/11/06

S.A.R - (Subject Access Request) for Clysdale sent on 24/01/07 which they lost, sent again on 04/04/07

 

AA Payed in full £85:00 15/07/06 woo hoo!!

King's Lyn Gym, £550 settled. Woo hoo my first win!

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