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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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      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.

Can i claim for PPI etc.

WorriedAnnie
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WorriedAnnie

WorriedAnnie

Posted
Posted

Hello, i have a long winded question here about PPI.

 

Approx 8 years ago i took out British Gas boiler cover "Homecare" and

when our boiler was tested we were told that it was on it's way out and would cost us a fortune in fuel etc.

We were advised to get a new one.

 

 

Soon afterwards a British Gas guy came out and sold us a boiler installation which included flues etc and change of boiler location.

We were offered credit for this because we had no money.

He tried a few lenders but we were rejected because my husband was disabled with income from a pension and benefits.

I was not working and had no income.

 

 

Finally he tried another company in just my name even though i had no income

he said that joint income was allowed even tho it was just in my name and that we could only get it if we took out PPI.

This was the case even tho neither of us were in employment at the time.

 

1. Does this prove it was misold?

2. Is it too far back to claim?

 

The problems arose soon afterwards as we could not afford to keep up with the payments

and eventually I was taken to county court and a charge was put on our house ( we owned it ).

About 4 years ago we sold our house and the charge was paid in full out of the equity on the house.

 

3. Is it possible to claim PPI and Interest back even tho we did not defend the claim, we got stressed and buried our heads in the sand.

4. Who do we seek for PPI as the British Gas Agent used a different company to finance it and it ended up getting sold on etc and ended up with Aktiv Kapital

 

I have been helped elsewhere on the forums so thought i would ask about this :)

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BankFodder

BankFodder

Posted
Posted

This sounds like a blatant case of mis-selling to me and so yes I think that you can claim.

 

Is it too far back to claim? No. You have six years from the date upon which you could reasonably have appreciated the PPI was mis-sold.

 

I'm sure that there will be no problem in terms of expired time.

 

Have you got any of the documentation? You will need to send SAR's to British Gas and also to Aktiv. It may well be that none of them have copies of the documentation but it is worth ago.

 

Also, are you able to get bank statements showing the payments that you made and do you have any other documentation? You may need to send an SAR to your bank.

 

I'm ashamed to say that a bit out of touch with PPI calculations et cetera but somebody will be along later on I'm quite sure.

 

You need to start calculating the value of all the payments that you made. Also any interest that you paid on those payments if they were part of the loan or if they were paid from an overdraft. When you finally have your total of all the payments that you are made any interest that you paid on those premiums, then you should also add 8% per year to come up with a broad final figure of what you should be getting.

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BankFodder

BankFodder

Posted
Posted

Certainly, contact the county court. Get as much info as you can but send of the SARs anyway and get the info from your bank.

It is all a load of hassle but it will be worth it

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WorriedAnnie

WorriedAnnie

Posted
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Certainly, contact the county court. Get as much info as you can but send of the SARs anyway and get the info from your bank.

It is all a load of hassle but it will be worth it

 

My problem with the bank is that it got taken over by Barclays after i stopped paying so that will be no good. I am sure getting hold of the agreement and court details will give me what i need. I hope ;)

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BankFodder

BankFodder

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Posted

I expect that the details from the court will be minimal. Send an SAR to the bank. Was it the Woolwich that you were with then?

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dx100uk

dx100uk

Posted
Posted

surely you need the name of the finance company?

 

cant really see why the court or the CCJ will be of any help here

 

AK took you to court

there might be info on the claim who the original creditor was mind

 

so you've no paperwork at all from the loan?

 

do you not remember who it was with?

 

there certainly no time limit on reclaiming the PPI

 

 

 

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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dx100uk

dx100uk

Posted
Posted

I bet bottom dollar the guy was nowt to do with BGas.

 

 

just a franchise company selling installations.

could even have been a broker

hence the compulsory PPI lie.

as that would have lined his pocket with a nice commission payment.

 

 

you will certainly need a record of payments made

and a copy of the agreement

whomever holds that...

 

 

interesting one.

 

 

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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