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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.

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      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.

Egg PPI refused. What next?

007coot
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007coot

007coot

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Thanks for your help so far :-)

 

I have also just realised from looking at the dates etc that at the time I took out the credit card I was on maternity leave. I had also been signed of work sick prior to my maternity leave for the majority of my pregnancy as I suffered from a severe case of SPD which meant it was very difficult for me to carry and spent a lot of time in and out of hospital on strong painkillers, crutches and stomach brace. I did return to work for a short period of time but again I was signed off with post natal depression resulting from my difficult pregnancy and induced labour. Does this count as mis-selling? I only worked part time as I already had two small children (about 16 hours I think?) and my husband worked full time and has a years full sick pay with his company so does all of this give me grounds for mi-selling? I wouldn't have willingly asked for it and I don't remember it being sold to me but on the credit card agreement (which is the only document that is bearly legible by the way!) it is printed that I have to pay it and they enclosed a leaflet. There is no copy of application form to see if there was an option to tick a box.

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007coot

007coot

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:-D Thanks IMs, could I ask you one last favour please?

 

Could you move my thread to the PPI section as I think it'll be better suited there and I posted in the wrong forum as this was my intial post and I was a bit premature in posting before thinking about where my post would be better suited - oops sorry!

 

Also can I charge 8% interest on top of my calculations or not? I have paid £188.19 in PPI payment and compound interest is £1.05 so can I enter dates and amounts into the other spreadsheet and claim 8% on top?? Am I being greedy here. :-D

 

Sorry for so many questions, this is the first one of 11 to actually send me details so hopefully I will be able to manage the other 10 better once I've learned from this one :-)

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citizenB

citizenB

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Thread moved as requested and title amended slightly to reflect that there is now a PPI claim in progress.

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007coot

007coot

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Thanks CitizenB and IMSI,

 

I started the card in Feb 2002 and I paid it off with the loan in Feb 2003 and thats when the PPI stopped, but then I used the credit card again the following month but no PPI applied, I carried on using it each month and then bizarrely it had PPI applied in Feb 2004 and March 2004 then nothing after that at all. I paid the credit card off in full again in November 2004 (looks like it was transferred to a loan again?) and after that the account was closed.

 

now I'm confused about putting the extra two PPI payments on the spreadsheet. Will I need to carry on every statement date and just put in 0.00 for dates where PPI stopped and then enter it again for the two dates they applied it randomly or can I omit all the months it was stopped?

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007coot

007coot

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You should be using the spreadsheet as in post #25.

 

As regards the 8%, is this card still live or did you take the loan to pay it off?

 

I did use that one but nothing changes in the 8% column but I've just realised that's because there is a negative balance and it looks like I can't claim it if I was using the card and not paying in full each month :-(

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ims21

ims21

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Hi

 

What I would do is take the spreadsheet up to the date the loan paid it off.

 

The spreadsheet will give you the actual balance you at the date of settlement and the balance without the PPI. Work out the difference between these two figures and pop into this spreadsheet as a one line entry with the "claim to" date set as today.

 

StatIntSheet v101.xls

 

This will give you the 8% interest from the date the account was paid off right up to now.

 

To your total, just add the two extra payments and because any interest on those will be minimal you will still be about right.

 

The other thing to note is that if the loan paid off the balance and that balance had PPI included in it, you borrowed more than would have been the case had the PPI not been in there. So some of the interest on the loan was going to fund PPI payments on the card.

 

You will need to work out what percentage of your loan was for the balance difference on the card and then calculate how much of each instalment paid on the loan was for the PPI on the card balance.

 

The principle behind all of this is that you must be put back in the position you would have been in had the PPI not been applied in the first place.

 

As these two things are linked you will need to make them aware that your loan was overstated due to the PPI and you want that factored into their PPI redress calculations too.

 

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007coot

007coot

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Excellent thanks Ims, I've now calculated the 8% interest, my only next problem is that where I insert my account number on both spreadsheets it keeps changing the last digit to a 0. I have changed format and no matter what i change it to it still keeps changing my last digit to a 0! Please tell me where I am going wrong it's driving me mad! I'm contemplating omitting it all together and handwriting it in afterwards!

 

Thanks so much for your help so far, thanks to all of you who have helped :-)

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ims21

ims21

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It shouldn't do....never seen that one before :lol:

 

Put an apostrophe as the first character and it should force it to display as text which should cure it.

 

What spreadsheet program are you using?

 

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007coot

007coot

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It shouldn't do....never seen that one before :lol:

 

Put an apostrophe as the first character and it should force it to display as text which should cure it.

 

What spreadsheet program are you using?

 

Excel 2010 I use excel quite a lot and I've never had that happen before either, it just doesn't like one long credit card number but spacing it out worked thankfully! :-D

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007coot

007coot

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Hi.

 

I've filled out my questionairre, printed off my comleted and I'm almost ready to go! Is there a template letter anywhere on here to send with it all to tell them I demand (lol I love that word!) the PPI back?

 

Thanks in advance x

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ims21

ims21

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Hi

 

There isn't a template for this.

 

It should just be a simple letter saying you enclose your fos complaint form and a spreadsheet and that that you require the refund of your PPI. Also say that you are aware that the regulator's timescale for dealing with PPI complaints is 8 weeks and you expect them to adhere to this.

 

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007coot

007coot

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Hi

 

There isn't a template for this.

 

It should just be a simple letter saying you enclose your fos complaint form and a spreadsheet and that that you require the refund of your PPI. Also say that you are aware that the regulator's timescale for dealing with PPI complaints is 8 weeks and you expect them to adhere to this.

 

Excellent thank you so much! :-)

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007coot

007coot

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Hi,

 

I have submitted my PPI Fos Questionairre, SOC and letter to Egg and they have repsonded saying they are unable to uphold my complaint for the following reason:

 

I took the card out online in Jan 2002. Our online sales process:

 

  • Does not require you to take repayment protection insurance as a condition of obtaining the credit card
  • Does not provide an advisory service
  • Required you to positively confirm that you wished to purchase this policy during the online application.
  • provided full terms and conditions of the policy and requested you read them before submitting.

Is there anything I can do? It seems strange as I wouln't have asked for it knowingly as I only worked part time, I was on maternity leave (my daughter was 12 weeks old when i took out the card) and I had been off sick anyway (long term after a troubled pregnancy) and my husband works Full Time and earns a good wage, he also gets 1 year full sick pay.

 

I have no way of knowing what their online application looked, wether a section was pre-ticked or anything.

 

Any advice gratefully received. Thanks

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ims21

ims21

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Yes there were instances where the screens were pre-ticked and you couldn't continue the process of applying unless you accepted the tick.

 

You can start by asking them for the screen-shots of the account application. It is highly unlikely that they will have them so they cannot prove what they say.

 

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007coot

007coot

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Thanks so much Ims, if i type up a letter would you mind just read proofing it for me to make sure it sounds professional and all ok, I'm a bit rubbish at letters:oops:

 

Thanks again :-)

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ims21

ims21

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Sure no probs

 

 

You might like to read here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?337685-Egg-PPI-pre-ticked-box

 

and here so that you can see exactly what Egg got up to with their PPI sales practices for which they received a hefty fine from the FSA.

 

http://www.guardian.co.uk/money/2008/dec/10/ppi-mis-selling-credit-cards

 

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007coot

007coot

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I know it's short but will this do or should I quote something about their hefty fine?

 

Iam writing in response to your letter dated 21st August 2012. I donot agree with your findings and insist that you send me screenshots of myon-line application.

Iwould not have voluntarily taken out an insurance that I would not be able toclaim off as detailed in my FOS questionnaire therefore I believe that your online application process involved apre-ticked box that would not allow me to proceed once un-ticked.

Yours..............

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007coot

007coot

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also Ims I know it's off topic but I've been trawling the CAG to see where I can get help with Paragon Secured Loan charges. I have loads of letter and telephone call charges that i want to claim back, can you point me to right forum or shall I just send the basic Bank charges temp[late with spreadsheet?

 

I didn't know if they were a bit different.

 

Thanks :-)

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