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    • Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance.  Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
    • Thank you for the update - at least it's all over now. I'm a bit confused by what you say happened. What did your barrister think? HB
    • Hi everyone! Thanks for all your advice during this stressful journey. Here’s a quick update of what went down today.    The court hearing itself was very quick, lasted about 5 min.  The magistrates got me to pay the amount I owe (the outstanding travel costs), as well as a fine and surcharge. They reduced the court fees from £375 to £200.  The magistrates told me the amount I need to pay but didn’t mention anything about a criminal record. Does this mean they didn’t give me any or is it implied by giving me a fine? Please let me know. Thanks!! TD 
    • Natalie, whom I assume works for Mr Schnur, emailed me to advise that "Please be advised that Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. We give all our customers the opportunity to cover their goods to a preferred value so that if a claim does arise, we are able to compensate them. All our claims are self-certified, and we are not a regulated company." (full copy of her email attached)  I responded:  "Good afternoon Natalie  Have you read my email below? Are you aware of the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘protection’ on top of the standard delivery charge, and P2G were required to settle both cases (by then also incurring court costs and interest) in full. This will happen again with this case if I am not recompensed in full (£265 + £9.10 = £274.10) before 1 May 2024.  Tick tock, tick tock……" 22Apr24 - email from P2G responding to my email to Schnur of 19Apr24.pdf
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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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get out of debt from £2-00


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Start to get out of debt free from £2-00 a catchy title, but for the initial cost of £2-00 for your credit file you can start to get out of debt. You can only start with the first step.

 

 

If the thought of being in debt is a hard pill to swallow, please be aware that as of 06/04/2014 there are new rules in regards to debt enforcement.

 

 

If you currently are not sure if you have any sort of debt apply for your credit file and check it thoroughly, see if you have any defaults listed, if you do contact the creditor, ask for details via a CCA if appropriate, then come to CAG and ask for advice. DO NOT IGNORE a letter threatening Court action.

 

 

If you debt goes to Court and the creditor gets a CCJ by default i.e. You did not defend the case against you, you could see a whole new way of enforcement come your way, in the form of an ENFORCEMENT AGENT, this will be under the new rules in regards to taking control of your possessions, this will be VERY expensive from the 06/04/2014 seeing you getting a significantly higher debt than it is already.

 

 

There are a number of CRA's (credit reference agencies) where you can get you file for free like noddle, or the big ones like Experian, they offer a free period but can be expensive if you forget to cancel within the free period, or you can apply via a written request which costs just £2-00.

 

 

This could be the best money you will ever spend, due to the changes that occur on 060/04/2014 where things will get even worse. Get on the road of being debt free just like me with the help of the great posters on CAG, they helped me big time now I am debt free and am much happier now than I have been in a long time

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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I think MM is suggesting that you obtain a copy of your Credit file for £2.00, sequenci. Not that you will actually be debt free for £2.00 :lol:

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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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My initial debt was close to £27k. I was facing an awful future, I sought advice from here, to got my CRA file cost was £2-00

 

 

After much help the debt dwindled from that figure to zero in a few years the total outlay including all letters calls postal orders and everything in total cost me just £87.00 including my F&F payment which was £50-00, so therefore the WORD from is a starting point.

 

 

Thanks to citizenB for his post above and the laughing giff, much appreciated

 

 

My point is/was to get your credit file and deal with as much debt as you can by ways that are available to us on CAG, like template letters and the such. Don't let it get to court and don't let a bailiff (EA) as they are now get involved, because if they do get involved the way your finances will be affected and will be so much different than it was last year.

 

 

We here at CAG know that debt enforcement is going through a radical change and don't want to see anymore debtors than necessary losing everything they own, because they did not spend an initial £2-00 or free in some cases.

 

 

MM

 

 

PS will the site team be adding a side line to the term EA (Enforcement Officer) like you do for Bailiff?

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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The changes are not as radical as you might think. Much of the amendments simply serve to codify what is already law - either via statute or via case law which has evolved over many years - in some cases hundreds. The fees are certainly significantly more in some respects. It's important to bear in mind, that as far as judgments are concerned, an enforcement agent can only be used if there is a default in the instalment.

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The changes are not as radical as you might think. Much of the amendments simply serve to codify what is already law - either via statute or via case law which has evolved over many years - in some cases hundreds. The fees are certainly significantly more in some respects. It's important to bear in mind, that as far as judgments are concerned, an enforcement agent can only be used if there is a default in the instalment.

 

 

And where did you take your law degree?

 

 

Radical yes they are it's new it's harsher it's costly it's radical, please explain where you they are not radical

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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I'm not a fan of the interpleader process re: third party goods - but there could be a way around that.

 

I like the introduction of more formailities and the requirement for more paperwork to be served. I also like fact that, generally speaking, a bailiff will not be able to visit for a week once notice has been served - that should give the debtor time to get their stay/variation application in (where applicable).

 

Whether or not bailiffs change their ways, of course, is another story.

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