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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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    • lolerz
      Soccersixes scam & unreasonability.

      By lolerz · Posted

      A letter of claim can't be served by email as per CPR 6.3 unless you've specifically told them. Also can't give you 7 days to pay, they've got to give at least 14 days. They know this, they're just hoping you wet yourself and cough up. This won't be going anywhere. IGNORE.
    • Bezo1985
      Speed awareness course time lapsed due to the ticket office

      By Bezo1985 · Posted

      Good Morning, I received a speeding ticket last December, I had requested further information from the ticket office which they provided, I also sent back the form confirming i was the diver at the time, however, i had overlooked the signature at the bottom of the page, nobody from the ticket office got back in touch to mention this and i was trying to book a course with no luck, I got in touch with them and sent them a screenshot showing them I was unable to book the course, they came came back to me and said we have no documents to say you were the driver (they did they just failed to mention I never signed it) they re sent the form and it was over the 120 days, i had mentioned to them previously that the timeframe was coming up and they would need to extend this. They are now saying they have complied legally and i need to accept the 3 points, I am trying to plead my case and I am tempted to let this go to court and provide the evidence of my constant communication on the matter. has anyone got any experience with this? TIA.
    • emmieco
      Van brought from private seller

      By emmieco · Posted

      Thank you. I'm looking into it at the moment.  Straight away it says last sold in 2007. Thank you every one for all your help. It's much appreciated. 
    • lolerz
      Van brought from private seller

      By lolerz · Posted

      Just on bankfodder's final point above. The Title Register you get online for £3 can't legally be used as proof of ownership for the property. Right now they'll suffice to see if there's an asset there. Should you need to use it in court to say he's trading at that address, you'll need to fill out an OC1 form with HM Land Registry to get an official copy in the post, which costs £7.00. Make sure that you get the Title Register, not the Title Plan! Title Register will tell you who owns the property etc while the Title Plan will tell you the property boundaries etc which isn't relevant in this case.  
    • CFCRhys
      Soccersixes scam & unreasonability.

      By CFCRhys · Posted

      Received this via email today once again wanting payment within 7 days of the email but the mail is dated from WEEKS ago…   what’s the play after this one? Still ignore?   S6 email .pdf S6 email 2.pdf

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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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      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.

Marbles Credit Card PPI Questions.

sadwriter
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sadwriter

sadwriter

Posted
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Posted

So, could this be the fella?:-

 

 

 

Registration Number: Z1019555

Date Registered: 20 August 2007 Registration Expires: 19 August 2013

 

Data Controller: AVIEMORE FUNDING LIMITED

 

Address:

 

FIRST FLOOR

11 TOWER VIEW

KINGS HILL

WEST MALLING

KENT

ME19 4RL

Other Names:

 

MARBLES

MARBLES CARD

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sadwriter

sadwriter

Posted
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Ok, i've had all paperwork back from HBOS plc and according to statements, i've calculated that i've paid £928.84 in PPI.

Also, i notice that i've made late payments, resulting in a charge of £12.00 for each (14 x £12 =£168.00).

 

Can anyone explain to me what 'Late Charge Assessment is?....according to some statements (5 in total) i've been charged £20.00 each (£100.00 total) for these.

 

I'm now in the process of writing a CCA to find out what i actually signed for.

In the meantime, can anyone help me with the above, IE...can the card company charge me £12.00 for late payments?...and what about that 'Late Charge Assessment', what is that?

 

Hope anyone can help.

 

Big thanx in advance.

 

sadwriter.

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sadwriter

sadwriter

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Erm, i'm stuck already... LOL!

 

I'm trying to enter the statement details into the fosrunning spreadsheet but i've just noticed that i'm missing a statement (September 2003) and cannot seperate how much interest and ppi to add to the spreadsheet.

 

It's only a total of 61 pence spent in the month (interest and ppi), but would a small amount make much difference as i progress through the spreadsheet?

 

Thanks for any help/advice.

 

sadwriter.

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ims21

ims21

Posted
Posted
Anyone got any answers for the questions in post #31, please ?

 

sadwriter.

 

Hi

 

Sorry...missed that one :lol: ...apologies.

 

Late charge assessment is also a penalty charge which can be reclaimed along with all other over-limit and late payment fees.

 

This is the spreadsheet you should use to assess what they owe you for these items

 

CISheet v101.xls

 

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sadwriter

sadwriter

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Hello again :-)

 

May i request a little more help?...i have cca'd Marbles and it appears they know where i'm going with this.

 

Although i wrote and asked them for a copy of the agreement, i did not ask them for a true copy of the signed agreement (which i should have, i know).

 

Anyway, i have received a copy of the 'current executed agreement' along with a signed statement of my account.

However, the letter which came with the agreement and statement, mentions a 'copy of the original signed agreement' and goes on to advise me about keeping up the payments, the contract not being void and how confident they are that the original agreement (which they say "are not able to provide a copy" of) would have been signed by the customer.

The letter in full:-

 

Dear sadwriter

 

Account Number: xxxxxxxxxxxxxxxx

 

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the Consumer Credit Act 1974 (CCA).

 

I have enclosed with this letter a copy of your current executed agreement and a signed statement of your account.

 

At the moment we are not able to provide a copy of the original signed agreement, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable.

 

By providing you with the documents attached, we have satisfied our obligation to provide a copy of the executed agreement under Section 78.

 

However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforceable order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court, we will produce evidence to confirm this.

 

If you are using the services of a claims management company we would like to remind you of the warnings issued by the Ministry of Justice and Citizens Advice Bureau. I refer you to a quote from the Ministry of Justice that reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action".

 

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and default may also be reported to Credit Reference Agencies.

 

Yours sincerely

 

 

Anne P Gartshore

Manager, Card Services

 

 

So, how should i respond to this?

 

Surely, if, as they are saying, they are unable to provide a copy of the original signed agreement, how would they do so in court?

 

Any takers?

 

sadwriter.

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ims21

ims21

Posted
Posted

They assume too much.

 

You have received sufficient information for your purposes as far as PPI and charges reclaims go so just crack on with what you started out to do.

 

Forget their ramblings.

 

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sadwriter

sadwriter

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What do you need it for?

 

Erm...dunno!

 

Just following what everyone else has done....y'know, like, ok...let's see where i asked and signed for ppi, then!

 

So, do i just ask them to give me my money back?

 

sadwriter.

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ims21

ims21

Posted
Posted
Erm...dunno!

 

 

 

 

:lol:

 

 

Yeah you don't need the agreement to get the PPI reclaim or charges claims underway.

 

So you got your SAR data back...did that include copies of all the statements of account?

 

The general process for a card reclaim is to prepare a spreadsheet and a fos consumer questionnaire and send both to the lender. Whether you have all the statements or not will determine which spreadsheet to use.

 

The fos consumer questionnaire is available from here.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

For the charges side of things this is the spreadsheet you will need.

 

CISheet v101.xls

 

For a charges reclaim you submit a print of the spreadsheet and a preliminary letter requiring refund. They will probably refuse in which case you then send a "Letter Before Action" requiring a refund and of they still refuse then you issue in court.

 

When you have done your charges spreadsheet we can move on to the next step with that.

 

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sadwriter

sadwriter

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Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

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sadwriter

sadwriter

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Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

 

EDIT: by the way, i thought the FosRunning spreadsheet was for live credit cards ?

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ims21

ims21

Posted
Posted

If you have got all of the statements or transaction history then you can get an approximate date the accounts was started. No need to beat yourself up too much about the date...it will be clear what the PPI is and the amount of redress that should be offered.

 

FosRunning spreadsheet is used to create the reconstructed account whether live or paid off.

 

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sadwriter

sadwriter

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Ok, done the CIsheet, what do the figures in col. K represent?...i have 13 rows of #####

and then, underneath i have 9 rows of money figures.

 

Have i messed up somewhere, or is it meant to be like that?

 

soz, don't understand anything i'm doing here :oops:

 

sadwriter.

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sadwriter

sadwriter

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I think someone needs to help me out here...according to my figures, i'm owed about 1 and half million pounds.

I'm trying to type this with one hand, as my wife is fighting to get on the computer and book a cruise around the world.

 

sadwriter.

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