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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.

Are Capital 1 contacting customers? ***WON***

gregorious77
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ims21

ims21

Posted
Posted

Hi

 

They are too small to read.

 

However, I can tell you that they are the standard Cap1 response at the moment. Everyone seems to be being told they bought the ppi it on the phone by Cap1.

 

Forget what they say and persue your claim.

 

Regards

 

ims

 

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gregorious77

gregorious77

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Greg,

 

Can you post up the Original letter you sent requesting the PPI back!

 

Thanks

 

JOgs

 

Dear sir/madam,

 

I believe I have been mis-sold a PPI policy and would like to request a full refund of my premiums plus interest paid.

 

I took out a credit card via post with capital one in may 2004. I ticked the NO box for PPI but this was still added to my account without my knowledge or understanding.

This cost me an extra £883.73 over the life of the loan. the total ammount of my premiums plus interest is £3307.48

 

When I took out the credit card I ticked the box to say NO to a PPI policy. Your data shown in a screen dump also says NO to PPI. Despite this PPI was added to the account anyway.

 

I have not signed an agrement with Capital One for PPI and have not received any information about PPI from capital one.

 

I did not need PPI on my credit card as I was in a secure job ( I still work for the same company) and I had other means of paying the dept if required to.

 

I would not have knowingly agreed to PPI in any circumstances and at the time did not understand the reference to it on my staitments. I was under the impression it was part of the charges for the credit.

 

Once I was aware of what PPI was and that it was not mandatory in 2007 I phoned to cancel my PPI, this was made harder by the customer services advisor telling me this was a risky thing to do and I had to be very firm to have it removed.

In forcing me to buy this policy unknowingly, you have also breached paragraph 8.6 of the banking code, to which you are a signatory.

 

I do not believe being forced to buy this policy as part of the credit was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

 

I am requesting a full refund of all my insurance payments, plus interest, which total £3307.48.

 

If I do not receive a full refund within 14 days of receipt of this letter I will send a LBA giving a further 14 days before court action.

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gregorious77

gregorious77

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What on earth did you halt your claim for charges for.. it wasnt subject to the OFT/Banks claim in respect of unfair charges.. that was for Current accounts only ? If you have charges... reclaim them.

 

I do have charges on this old card as well for at least £256 they offered and paid me £88 which was the difference between the £20 od they charged and the £12 they think is fair.

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ims21

ims21

Posted
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If you didn't sign a F&F you could go for the remainder and of course the interest as well.

 

Don't forget, this is a bank you're dealing with....do you expect them to be fair or tell you the truth?

 

Regards

 

ims

 

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ims21

ims21

Posted
Posted

Hi

 

I'd deal with the ppi caim and the charges claim as two distinct matters.

 

Do I remember that you have already sent them an lba for charges?

 

If so you can issue without further notice if you wish.

 

Some would say that as a bit of time has passed you give them one last chance to cough up the full amount of charges or you sue. This is done by another 14 day lba but if you do this you must be prepared to follow through this time as otherwise they will think you are fearful of going to court.

 

Regards

 

ims

 

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citizenB

citizenB

Posted
Posted
No word so far, the deadline is friday!!

If I hear nothing by then I will crack on with the moneyclaim over the weekend!

 

I understand it is better to issue the claim through your local court rather than through NBCC online :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

citizenB

Posted
Posted

Something to do with only having a certain amount of space to set out your claim online :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ims21

ims21

Posted
Posted

Hi

 

The thing is with MCOL is that you don't get much space for your Particulars of Claim.

 

With a claim such as yours, the POC might have to be quite detailed and there is a text length rstriction on MCOL and consequently a "paper" submission would serve you better.

 

Sorry to jump in but I think that is what its all about.

 

Regards

 

ims

 

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gregorious77

gregorious77

Posted
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Ok do I have to go to my local court to pick up paperwork etc or can I print off the N1 form from the internet?

My POC might not be that big? Do I have to write an essay? thought it would be I ticked no they said I agreed to it on the phone this is not true but in a few more words.

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gregorious77

gregorious77

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Right then I am having a crack at filling out the N1 form on the net.

I hope you guys can help me because I am not the best form filler but I am getting better!

Breif details of claim.

"The claimant was mis-sold PPI by Capital One on a credit card account, the PPI was added without the claimants knowledge or understanding despite it being declined on the application form."

Value ? is this the original amount I asked for or what it totals now? it keeps going up because of the compound interest!, do I add on 8% now and is this just the total + 8% or 8% compound on top of apr compound? i.e.£3415.11 + 8% = £3688.11

I am going to need some help on the POC as well if anyone is up for it?

I think it will be large chunks of my LBA with the spreadsheet attached.

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ims21

ims21

Posted
Posted

Hi

 

N1 form is available on-line from HMCS website.

 

Also I think your POC might need more detail. Also as you are claiming back to 2004 they may defend on the grounds of the Limitations Act and you need to be able to get round that with S32(1)© if they put that up as a defence. Also the case law of Kleinwort Benson V Lincoln City Council.

 

Also look up what needs to be done in respect of court bundles.

 

Also have a read around ass to what interest you can claim if going the court route.

 

To go to court you do need to do a lot of preparation and research.

 

Use the time now and then you won't be doing it in a panic later.

 

I'm not saying you will deffo end up in a court room ut you have to play this onthe assumption that you will and therefore fail to prepare and you prepare to fail.

 

Regards

 

ims

 

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