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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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      Many thanks 
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      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.

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      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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      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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Another lloyds complaint not upheld


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I have received a letter from Lloyd saying the complaint is not up held.I have used the general jist from this thread as a reply.

http://www.consumeractiongroup.co.uk/forum/showthread.php?359876-Lloyds-PPI-Complaint-not-Upheld

 

Below is my reply,can anyone advise me on this please.

 

 

I am writing to you today in relation to your decision re my complaint about my Payment Protection Insurance (PPI) Policy. After reviewing my case you decided that the PPI was not miss sold. You explained your reasoning behind your decision and requested if I was unhappy with this to contact you further within 28 days from the 21/8/2012 with any further evidence to support my claim.

Ø I stated on 07/08/2012 in our telephone conversation

1 I do not think I was told about it. Let me clarify this.

I was not told about PPI being optional and indeed was not even aware PPI was on any loans?

I know this because I would not have signed up to something which was going to add to the cost of a loan which would either have caused me more financial difficulty or because my job gives me 6 months full pay and 6 months half pay depending what job I was in at the times of the loans and I wouldn’t need it.

2 I thought it was part of the process. Let me clarify this.

The loan amount I was paying was I though paying the loan and the loan only. I had no idea PPI was included in the amount I was paying, the process as I thought was signing the loan documents and this was the amount I had to pay for the LOAN.

3 I did not need it as for sickness i get six months full pay and six months half pay. Let me clarify this.

Depending what job I was in at the time of the loans I would either as explained above been able to pay for any loan for a considerable time or If I was in a job prior to my current employment I would not have agreed to pay PPI because it would have incurred a further financial burden on top of the loan cost and I would not have taken the loan out if I was aware PPI was on it or if I was told it was optional I would have opted out of PPI.

 

Ø In your conclusion: “You feel your advisor acted fairly and reasonably throughout the sale”.

 

I would suggest unless you have an actual transcript or recording of the matter IT IS unfair for you to introduce 'pure speculation' and 'conjecture' upon on what might or might not have happened in a conversation you were not a party to. If your advisor acted fairly as you say then there would not have been PPI on the loan because had they been fair they would have explained there was PPI on the loan and that it was optional, but because they did not do this I have ended up paying for PPI I did not want and would not have signed up for if this had been explained at the time of the loans.

. Under your Consent to Cover you say “I am persuaded that this required a verbal explanation ensuring I was made aware of what I was purchasing” As evidenced by my comments RE: 1,2,3 under no circumstances was I ever told PPI was on any of these loans because i would not have agreed to paying PPI if this was the case. Subsequently I was miss sold PPI.

Using mere reference to your guidelines at the time to justify your refusal that 'it did not happen’ because' those were in place’, is wrong and unfair.

 

For the above reasons and those mentioned in my previous correspondence I am requesting a full refund of all my insurance payments plus interest. I reserve the right to take further action and will allow a time period of 14 working days for your reply.

 

Yours faithfully

Edited by gurggles
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Sounds good to me.

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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I too received pretty much the same generic rejection letter from Lloyds as you did. I also drafted another letter like you (with the help of people on this forum) clarifying my stance on the points for rejection they raised and I received their final response within the allocated 14 days indicating their decision still stood. My next step was to draft a letter and copy all the relevant documentation and post off to the FOS.

 

For the above reasons I'll be following your updates on this thread and wish you all the best with your complaint. :-)

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ditto

subbing.

It seems to me that LTSB have taken a policy of rejecting claims for loans - they seem to be coughing up with credit cards, especially if the card has an outstanding balance where they they can use the offset rule, but when it comes to loans they are trying to wriggle out of it. Keep at it !

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  • 3 weeks later...
Well phone tsb and they say a letter is on way rejecting my second letter.I suppose the fsa is the next step does anyone know how i go about complaining to them?

 

Nope, the Financial Ombudsman will be your next step.

 

There is a complaint form on their website - you just need to complete that.

 

When you submitted your claim to LTSB for a refund - did you do a spread sheet and complete the FOS claim form ? If so, then you just simply need to send copies of those to FOS with any further information you believe should support your claim.

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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Thanks, i didnt do a spread sheet because I have had 7 loans with lloyds over the years and they sent a letter stating only 2 loans had ppi,but did not say how much,although over the phone i was told it was £2400.I have filled in the questionnaire and will send it off.I also pointed out on the form that 5 did not have ppi and two did? I stated when informed about ppi i refused to sign up to it and the only time it was on was when i was not informed about it EG 2/7

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  • 7 months later...

Got a letter yesterday from the FOS saying that my complaint had been upheld and that Lloyds will be contacting me within 8 weeks with their offer.Took from the 15th Dec till 4th may but got there in the end.Winner :whoo:

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Good result. Now lets se eif Lloyds actually refunds the entire PPI amount.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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good news

 

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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