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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.

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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.

PPI claim...Just starting... ***WON***

rob5
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ims21

ims21

Posted
Posted
ims

Thanks for the quick reply.

I don't have excel (MS excel that is).

 

thx

 

Hi mot

 

OK....give me 30 mins and I'll post one in this thread for OpenOffice

 

ims

 

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rob5

rob5

Posted
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Posted

Hi

 

This ok for covering letter?

 

I am writing in relation to the above payment protection insurance policy which was added to my loan account number referenced above.

 

I now maintain that I was miss-sold this policy and would like you to investigate my complaint according to your normal complaint procedures.

 

I am looking to claim back all the premiums and interest i have paid in connection with this payment protection insurance from the first payment until the date of your settlement of this claim.

 

Please find enclosed a statement of charges for ppi payments that have been made.

Also enclosed is a consumer questionaire from the Financial Ombudsman Service.

 

I look forward to your reply as soon as possible, but in any case, within the eight weeks allowed for responses to complaints by the Financial Services Authority.

 

Yours faithully,

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mot22

mot22

Posted
Posted
Hi mot

 

Try this one....before you use it change the .xls extension to .ods

 

ims

 

[ATTACH]28374[/ATTACH]

 

ims.

Working :)

Very kind of you.

Many many thx and apologies for any intrusion to the thread.

 

.

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ims21

ims21

Posted
Posted
Hi

 

This ok for covering letter?

 

I am writing in relation to the above payment protection insurance policy which was added to my loan account number referenced above.

 

I now maintain that I was miss-sold this policy and would like you to investigate my complaint according to your normal complaint procedures.

 

I am looking to claim back all the premiums and interest i have paid in connection with this payment protection insurance from the first payment until the date of your settlement of this claim.

 

Please find enclosed a statement of charges for ppi payments that have been made.

Also enclosed is a consumer questionaire from the Financial Ombudsman Service.

 

I look forward to your reply as soon as possible, but in any case, within the eight weeks allowed for responses to complaints by the Financial Services Authority.

 

Yours faithully,

 

Hi rob

 

looks good to me

 

ims

 

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rob5

rob5

Posted
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Posted

Hi

 

Standard letter received from Nemo, they are investigating my claim and will respond within 56 days.

 

Will post when i hear anything.

 

Rob

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ims21

ims21

Posted
Posted

Hi, you now have to consider which route you are going to take.

 

fos or court?

 

The limit for small claims is £5k through court (excluding the 8% interest) and if it goes to a higher track you may leave yourself open to costs of the other side. One way of dealing with this is to limit your claim to £5k.

 

fos will handle it but will take longer.

 

You really need to do some more research around the forums because you might need to present an effective case to a Judge if you are going to go all the way.

 

Regards

 

ims

 

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rob5

rob5

Posted
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Posted

Ok, going to have a think about what way to go.

Shall i write to nemo and give them another 14 days.

Seems strange that they wrote to me saying they would have an answer in 28 days and then nothing either way.

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rob5

rob5

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Hi

 

Had a read over several threads and im going to try fos 1st so that I've got the court to fall back on.

I realise this is the slower way to do it but time isnt a problem.

Ill hold of posting the lba until monday just in case their reply is in the post.

 

Are there any examples of lba's or a template?

 

Thanks

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ims21

ims21

Posted
Posted

Hi

 

If you're going to get fos to look into it, you won't need an lba.

 

I'd do a reminder letter saying that they promised you a reply in 28 but they have failed to honour that promise. Tell them that you would like their response within 14 days otherwise you will be passing the matter over to fos to look at on the basis of their failures to comply with the time scales they themselves set.

 

If you don't get a satisfactory reply then contact fos.

 

Regards

 

ims

 

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rob5

rob5

Posted
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Posted

ok, decision time....

 

Had an offer from Nemo toady for £3100.

 

At first i was thinking of proceeding with fos as they had admitted the ppi was missold by making me the offer.

 

Over the last couple of hours im thinking £3100 and monthly repayments reduced by £90 isnt a bad deal.

This all happens within 28 days where fos could take a year or two and i could still end up with the same offer or less.

 

Wish i was braver and could risk proceeding with this.

 

Thoughts?

 

Rob

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ims21

ims21

Posted
Posted

Hi

 

Well its great to get an offer and £3k is better than a kick in the teeth.

 

Isn't this a couple of thousand less than you'd calculated?

 

Have they given you detailsas to how they calclated the amount...if not I'd get details so you can check it.

 

At the end of the day it is what YOU are happy with that counts and no one can advise categorically what to accept and what not to accept.

 

Regards

 

ims

 

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rob5

rob5

Posted
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hi

 

Well they said that although i'd signed for ppi and i was eligible for it, i was sold too much.

They say that given the choice i would have purchased a monthly premium ppi rather than a one off premium added to the loan.

So, if i didnt have the lump sum added my ppi would have been £53 monthly (based on FSA recomendations of £9 per £100).

They have refunded the difference between £53 and what i actually paid plus 8%.

 

Rob

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ims21

ims21

Posted
Posted
hi

 

Well they said that although i'd signed for ppi and i was eligible for it, i was sold too much.

 

How does that work then?

 

They say that given the choice i would have purchased a monthly premium ppi rather than a one off premium added to the loan.

 

How could they possibly know what you would have done?

So, if i didnt have the lump sum added my ppi would have been £53 monthly (based on FSA recomendations of £9 per £100).

They have refunded the difference between £53 and what i actually paid plus 8%.

 

Nonsense

Rob

 

Well in my personal opinion it is a fob off but that is my own view.

 

As I said, it is what you're happy with that counts and whether you want to carry on going for it.

 

Regards

 

ims

 

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ROB_5

ROB_5

Posted
Posted

Hi again.

 

Wait till you hear this :

 

A week over the 28 days, i get a letter from nemo. It says as follows .....

 

I am writing further to our final response letter. At that time you were offered redress on the basis that we believed that you would have bought ppi, but paid a monthly premium rather than a one off premium. This meant that the amount that those monthly premiums would have been was deducted from the repayment made to you under that offer.

 

We have further considered your position, and as a result now intend to put you in the position you would have been in had you not bought any ppi.

 

This means that we would like to increase the amount of redress offered to you and instead offer you full redress in line with FSA guidance.

 

It will result in an additional amount of redress being paid to you over and above the amount you have already accepted.

 

So..... Cheque enclosed for the full amount that i was claiming - £5075 and another cheque for £20 as a gesture of goodwill. :???:

 

Any ideas on why the sudden change of mind by nemo?? I had already returned the acceptance letter for the £3100 offer which they had received and when i spoke to them after the 28 days they told me the cheque for £3100 was ready to be sent out.

 

Very strange.. Good, but strange.

 

Rob

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